CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 8TH, 1876.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, August 8th, 1876, and following days,
BEFORE THE RIGHT HON. WILLIAM JAMES RICHMOND COTTON , M.P., LORD MAYOR of the City of London; The Right Hon. Lord COLERIDGE, Chief Justice of Her Majesty's Court of Common Pleas; The Hon. Sir THOMAS DICKSON ARCHIBALD , Knt., one of the Justices of Her Majesty's Court of Common Pleas; The Hon. Sir CHARLES EDWARD POLLOCK , Knt., one of the Barons of Her Majesty's Court of Exchequer; THOMAS QUESTED FINNIS, Esq., Alderman of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; Sir CHARLES WHETHAM, Knt., and JAMES FIGGINS , Esq., others of the Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
EDGAR BREFFIT, Esq.
HENRY HOMEWOOD CRAWFORD, Esq.
CENTRAL CRIMINAL COURT.
COTTON, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Tuesday, August 8th, 1876.
Before Mr. Recorder.
293. ALFRED HAWKSBY (35), and JOSEPH RICHARDS (28), were indicted for stealing 84 lbs. and 65lbs. of lead, of George Scarlet Ashby and others, their masters, and SARAH JACKSON (40) , feloniously receiving the same.
MESSRS. BESLEY and HORACE AVORY conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Hawksby; MR. WARNER SLEIGH for Richards, and MR. STRAIGHT for Jackson.
JOHN DAVIS (City Detective). On 14th June, from information I received I watched the church of St. Martin in Martin's Lane, Cannon Street, with Tansey, about 7.50 a.m., I saw Hawksby and Richards leave the side door of the church, where they were at work—seeing that they looked bulky I followed them—they went to a coffee-house in Fish Street Hill, they stayed in there for about ten minutes; they then came out and I followed them on to London Bridge—I saw the lead inside their trousers before they went into the coffee-house, as I followed them, it was sticking out from the pockets; they had their waistcoats buttoned, and it was round their waistcoat, and their trousers had pockets like flap pockets, and I saw it outside from the pockets—they got on an omnibus at London Bridge; I and Tansey got inside—they got down at White Street, andas they were getting down I could see the lead between their trousers and waistcoat, just outside their shirt—when they got into White Street, Richards left Hawksby, and went in front of him about 6 yards, after saying something to Hawksby, that I did not hear—I saw him then go into Mrs. Jackson's, 22, White Street—Hawksby followed in about two minutes; the name of "Jackson, plumber and glazier" was over the door; they went into the shop, went through, and went into a little back parlour immediately at the back of the shop, a door with a glass window separates the shop from the back parlour; that door was half open—when I got to the shop door I saw the two prisoners go into the little room on the right hand side followed by Mrs. Jackson—this model (produced) I believe to be correct as nearly as possible—I was standing in front of the shop door when I saw them—they were in the little room a couple of minutes, they then came out and I observed that the lead was gone from their waist—they then went back to the church
before their time—I followed them; about 11 o'clock I saw Richards come to the wicket door of the church; he looked up and down the street a second afterwards Hawksby came out, I saw that ho had got some head between his trousers and shirt, underneath—he was then alone—I followed him, he got on a 'bus—Tansey got inside the 'bus and I followed in a hansom—I saw him go into the same place, Mrs. Jackson's, Tausey followed him in, and from what he told me I went into the shop immediately and saw Mrs. Jackson in the act of coming out of the little side room, and Hawksby inside in the act of buttoning up his trousers; I told him I was a detective officer of the City police, and said "Where is the lead you have just brought up"—he said "I have brought no lead in"—I looked down on the floor just where he was standing and saw this piece of lead (produced), it was just by the scales, and there was the exact weight of it on the scales, 65 lbs.Z; I have weighed it since—it was not lying open on the floor, it was just knocked off the scales and a rag was thrown over it—I told Hawksby he must consider himself in custody for stealing this lead—I also told Jackson that I should take her into custody and charge her with receiving it well knowing it to be stolon—she said "For God's sake don't take me," or some words to that effect—I saw a cupboard in the little room with a padlock on it—I said "What is there in this cupboard?"—she said "Nothing"—I asked her to open it—she said she would not, there was nothing in it—I said "I know there is because I saw Hawksby and the other man bring some lead here this morning; if you don't open it I shall burst it open"—she then took from her pocket some keys which she gave me and I opened it, and in it I found about 1 1/2 ton of lead, all done up in the same manner as this, consisting of piping with nails driven in it for the purpose of supporting it by their belts inside their trousers—it was all new lead—these are the straps or belts which the prisoners were wearing when they were searched; Hawksby had his round his shirt inside his trousers, and the nails on the lead came against the leather and held it up—I asked Jackson if she could account for this lead; she said she did not how she had got it—Hawksby said to me "There are good and bad amongst you, and feeling men as well; I will give you a sovereign to just let me slip out at the back door, and you can square your mate afterwards; I promise you no one shall know a word about it; I will own I have taken that piece," that was the 65 lbs.—I said "I saw you bring some there as well this morning with the other one"—he said "You don't expect me to round on my mate"—he said "I brought a piece myself, but I would sooner suffer five years than round on my mate"—we then took him and Jackson to the station—afterwards, about 12.20, I met Richards coming from the direction of the Borough over London Bridge—I told him I was a detective in the City police and I should take him in custody and charge him with being concerned with another one in custody in stealing a quantity of lead from St. Martin's Church, Martin's Lane, the property of his master—he said "You will have to prove it"—I took him to the station and told him that I had seen him at 8 o'clock in the morning with the other one take some lead to Mrs. Jackson's in White Street, Borough—he said he had not been there and did not where it was—I saw Richards searched and this belt found on him; I afterwards saw the lead taken to the church, and the foreman compared and measured it.
Cross-examined by Mr. WILLIAMS. At 8 o'clock in the morning when I first saw them I followed them to a coffee-shop—before they got there I
had seen the lead through their trousers; I knew they had got stolen lead I did not take them, because I wanted to get the receiver—I knew the receiver did not live at the coffee-shop, because I was inside the coffee-shop while they were there—I did not go in as soon as they did, but they had not time to part with it—I got in just about a second after them—they were in there about ten minutes; I waited till they came out and then followed them to Jackson's shop—I did not lose sight of them, only just going inside the shop—I knew they had got the lead in their possession then; I did not go into the shop then; I knew the shop before—I believe I have given the same evidence to day as I did before the Magistrate as nearly as I can recollect—I don't think I said then anything about Hawksby saying he would sooner get five years than round on his mate.
Cross-examined by Mr. SLEIGH. Tansey was not with me in the coffee-shop, he was outside all the time—I will swear he did not go in; I don't believe he did, I did not see him—I was not looking after him, I was looking after myself—I was quite close to the prisoners; I can't say whether Tansey saw what I did, they were sitting somewhere about the third box on the left hand side.
Cross-examined by Mr. STRAIGHT. The two windows that look out on White Street are windows you can see through; I swear that; I could see through them plain enough—the doors were open—there is a counter on the right hand side of the shop, and on the other side a lot of glass, painters' and plumbers' materials—when you get into the back room you have to go behind the door to get into the little side room, there was nothing in that room; the scales were there—the first time I got there was about 8.15; the transaction—inside did not take above two or three minutes—the second time I got there was about 11.30; Hawksby had just got in when I went in, he had just time to pass into the inner room; Tansey saw more of that than me—I was there about five, ten, or fifteen minutes before I took Jackson to the station—I believe she said "For God's sake don't take me, for the sake of my children"—Tansey said "You should have thought of that before"—she said "I did not know I was doing wrong, I only bought bits of lead"—she had got the key of the cupboard on a bunch in her pocket—I should like to say one word more; this model is not quite correct, there is a little side door which is the door Hawksby wanted to go out of when he offered me the 1l., and that leads round some passages, so that you can get out the back way.
WILLIAM TANSEY (City Detretive). On 14th June I was with Davis and I saw Hawksby and Richards about 7.50 come together from the church in Martin's Lane and cross King William Street—I noticed that they were bulky about their chests—I followed them to a coffee-shop on Fish Street Hill; they went in and remained there about ten minutes and another man with them; I watched at the door opposite, Davis was along with me—when they came out they went up the steps on to London Bridge, and got on the top of an omnibus, I and Davis got inside—they got off the omnibus at St. George's church and went down White Street, Richards about 20 or 30 yards in advance of Hawksby; they went into No. 22, White Street, Mrs. Jackson's—we remained there; Richards came out and Hawksby was going in at the same time, he subsequently came out, they were both very much thinner when they came out—they went to a public-house close by, and then went over London Bridge—about 11 o'clock I was with Davis in Camion Street and saw Richards look out at a door; expecting that he was
coming out we watched, Hawksby then came out and went into King William Street, he remained there a few minutes, apparently waiting for some one, he then went on to London Bridge and took an omnibus—I went inside, he got off the omnibus at Angel Court and went through the courts into 22, White Street, Davis was close by me in the street—I followed Hawksby up some" steps, through two glass doors and behind another door into a room, I looked through the aperture and saw Mrs. Jackson taking some lead from Hawksby, it was this large piece, she was stooping down apparently putting it on the weighing machine, it appeared to be put down by the side of the machine, Davis came in directly behind me and asked Hawksby where was the lead that he had brought—I referred to the machine, and said "It is down there," Davis stooped down and picked it up—Hawksby said he knew nothing at all about that lead—Mrs. Jackson was then questioned by Davis about the lead that was brought in the morning—there was a cupboard padlocked, Davis asked her what was in that cupboard, she said "Nothing"—after some little time the cupboard was opened, it contained a large quantity of lead wrapped up similar to this—Mrs. Jackson was told she would be charged with receiving this lead well knowing it was stolen—she said "Don't take me"—after some hesitation she was allowed to go upstairs to fetch her bonnet—I followed her up stairs—she there said "For God's sake don't take me, for the sake of my children"—I said, "You should have thought of that before"—she said "I did not know I was doing any thing wrong, I thought it was only a bit of cutting"—I said "You might be sure it was wrong for men to bring such things in their trousers"—she said nothing to that—we then took her and Hawksby to the station—I saw these belts, found one on each of the prisoners.
Cross-examined by MR. WILLIAMS. When we followed them to the coffeeshop neither of us went in—three men went in, and we both remained outside about ten miuutes, we stood together the whole time—I saw that they were bulky before they went into the coffee-shop, I did not see the lead—I was walking with Davis all the time, he pointed out the lead in their trousers when they were getting off the omnibus; the third man remained in the coffeeshop—Davis and I were standing across the road 5 or 6 yards from the coffee-shop; we never crossed the road, we crossed from the side of the coffee-shop to the opposite side, neither of us went into the coffee-shop—I was present when Hawksby was taken into custody—I heard him say that he had not brought any lead in there.
Cross-examined by MR. STRAIGHT. The little room was a kind of painter's room, the scales were there; I could not distinctly see whether the lead was placed on the scales or not—I did not see it weighed—I believe it had been weighed.
Re-examined. Davis and I both followed together from the church to the coffee-shop—there was a quantity of lead paint pots and large cans in the little room at Jackson's.
CHARLES STOCK . I am in the service of Messrs. Ashby, builders, of Bishopsgate Street—I was acting as foreman on a job at St. Martin's Church on and previous to 14th June—Hawksby and Richards were employed on that job—Mr. Charles Wilson was the sub-contractor—lead was used on that job similar to that produced, to cover the top—some was missed on the 9th or 10th, about 49lbs. or 50lbs., and a little over 16 feet of 71b. lead, on the 14th more was missed, about 3/4 cwt.—there is about 3 cwt. here
similar to that we were using—two pieces of this lead were taken to the church on the 17th July and laid on the roof and matched, and it corresponded with the angle—I had mentioned in the hearing of the prisoners that lead was missing.
Cross-examined by MR. STRAIGHT. I do not identify any of this piping; all I speak to are the odd bits.
CHARLES WILSON . I am a plumber living at Hornsey—I was sub-con—tractor for this job—Hawksby and Richards were employed on it by me—I did not myself miss any lead—I have been shown this lead, it is similar to what we were using—the prisoners had no authority to take any.
Hawksby and Jackson received good characters.
JACKSON [Guilty]was recommeneed to mercy by the jury. HAWKSBY and RICHARDS— Twelve Month' Imprisonment each. JACKSON— Eight Month' Imprisonment.
The following prisoners PLEADED GUILTY:—
294. CHARLES HENRY BERRY (17) , to feloniously forging and uttering two post-office orders for 10l., also for signing two warrants for 10l. without lawful authority— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
296. JOHN WILLIAM TAYLOR (19) , to stealing, whilst employed in the Post office a letter containing a ten franc piece, the property of Her Majesty's Postmaster-General— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
297. FREDERICK WILLIAM COOTE (19) to stealing, whilst employed in the Post-office, a post-letter containing two sovereigns, the property of Her Majesty's Postmaster-General— [Pleaded guilty. See original trial image.] Five Fears Penal Servitude.
NEW COURT.—Tuesday, August 8th, 1876.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
MARY CATTERELL . I am barmaid at the Black Horse, Coventry Street—Mr. Surridge was the landlord, he died this day week—I served the prisoner with half a pint of beer on 22nd June between 4 and 5 p.m.—he gave me a new shilling—I put it in the till, where there was only an old worn shilling and a sixpence and some coppers—I gave him a 6d. and 5d. in change—he then asked me for a half-crown for 2s. 6d., which he handed to me, and both the shillings were bad—I then looked into the till, took out the new shilling, and that was bad also—I gave them to Mr. Surridge, and afterwards saw the manageress give them to a policeman—Mr. Surridge went on the other side of the bar and told the prisoner to wait till he called a policeman; the prisoner said "Won't you take them, do you think they are bad f'—Mr. Surridge gave him in custody.
Cross-examined by the Prisoner. You stood there five minutes before Mr. Surridge come round, he asked you who you were, you said "That is not your business, who are you?"—Mr. Surridgc said "I am a gentleman"—I had not told you that the shillings were bad, but you asked me once or twice what was the matter with them.
The deposition of Mr. Surridge was then read: "I keep the Black Horse public-house, Coventry Street. Yesterday afternoon the last witness passed me 2s. 6d., and I found that the shillings were bad; I went round the bar, called a policeman, and gave the prisoner in custody. He said 'Are they bad then?"
ALFRED MUDGE (Policeman C 298). On 22nd June the prisoner was given into my custody—he said that he found the shillings in a newspaper over the railings, at the rear of St. James' Church, Piccadilly—I told him that Mr. Surridge gave him in custody—he said "I have three more in my pocket, you may have them when you get to the station—at the station he gave me three more, and told me that he had passed one at the Rising Sun, Eyre Street, before he went there.
Cross-examined. You asked me if they were bad and you said "If they are bad I passed me a few minutes ago"—you told me where you found them and asked me to bring the evidence of the man who saw you pick them up—I went to Mr. Newton's address, which was on a piece of paper in your pocket; you said that he was the person who saw you pick them up—you asked me to find him out and ask him—I did so, but he knew nothing about it; he is not here—you did not tell me that a shoeblack was there.
By THE COURT. The man said that he saw the prisoner at the corner of a court who showed him 7s. and said that he had found them—he said "He asked me to go and have a glass of drink, I went to the Rising Sun where the first 1s. was passed."
The Prisoner's Statement before the Magistrate "I found 7s. in St. Martin's Church Yard, (is. in paper and 1.?. lying beside them. I had not them more than twenty minutes in ray possession and did not know they were bad."
Prisoner's Defence. I left the Liverpool Militia and came to London to try and get work, but could get none and was going to walk back. I went into Piccadilly, and inside the railings I saw a piece of bread. I had had nothing to eat all day and went inside the railings to pick it up and saw the shillings in paper. I jumped over the rails with them and showed them to a young woman. A man was standing there also and I asked him to have some drink. He gave me his direction and said that if I met him there next morning and made myself tidy he would get me something to do. Had I known the money was bad I should not have told the policeman where I had passed the other.
GUILTY — Nine Months' Imprisonment.
MESSRS. CRAUFERD and LLOYD conducted the Prosecution; and MR. REID defended Morton.
I was at the station door, King's Cross Road, and saw the prisoners pass together—I knew Morton by sight—I watched them into a beershop in Kind's Cross Road and into the opposite bar and cautioned the landlord—I was in uniform—they left and went up Great Percy Street—Mr. Lloyd came up and I told him I should probably want assistance—they stopped opposite the Percy Arms, put their hands together, as if passing something from one to the other, and Boyce went into the Percy Arms—I entered just as the landlady was taking his money, and not to excite Boyce's suspicion I asked for the landlady and followed her to the back and called her attention to the money which was in her hand—she returned to the bar and said to the prisoner "This is a bad 2s. piece—he said "Is it?"—I took hold of him and said "I shall take you in custody"—I handed him over to the landlord and went out and seized Morton—he said "What is it, sir?" I said "I shall take you in custody for being concerned with another in passing bad money"—he became very violent—I dragged him across the street—his left hand was closed—he put his right hand to his left and dropped something, saying "I have got nothing"—I said "You have dropped something"—I was unable to pick it up, owing to his violence—I dragged him into the public-house where he pointed to Boyce and said "I don't know that man, he is a strauger to me, I have never seen him before"—no one bad made any reference to Boyce—Boyce turned round and Morton said "I don't know you, do 1l"—Boyce said "No"—a volunteer in uniform came up, named Towers, and I pointed to the place where something was dropped and told him something—he went there and brought back a packet containing four counterfeit florins with paper between each—Morton tried to induce me to let him walk by himself—he then became very violent and tried to get away, but assistance came—I searched him at the station and found 1s. 10 1/4 d. in good money, and on Boyce sis duplicates and 1 1/2 d. in bronze.
Cross-examined by MR. REID. This was at 9 p.m.—a man with a high hat might have been passing when I was in the public-house—after the parcel dropped I went into the public-house and lost sight of it—I cannot say whether this is the same parcel.
MARIA WEBSTER . I am the wife of William Webster, landlord of the Percy Arms—on 1st July I served Boyce with half a pint of ale—he tendered a florin; I tried it, made a mark on it, and found it was bad—I took it to my husband, and just at that' time the prisoner arrived, I went back with it and said "This is a bad 2s. piece you gave me"—he said "Is it?"—I gave it to Baunister.
Cross-examined by Boyce. I had never seen you before.
THOMAS WALTER POWERS . I am an apprentice—I was in Percy Street and saw Morton taken by the sergeant who spoke to me, and I went into the road, looked about, and picked up a parcel, which I took into the public-house, opened it in the sergeant's presence, and it contained four bad florins—he asked me to take it to the station—I handed it to another witness, but I never lost sight of it—this is it.
Cross-examined by MR. REID. I did not see any parcel drop.
CECIL LLOYD . I am a medical student of 62, Swanton Street—on the night of 2nd July Sergeant Bannister called my attention to the prisoners, who were walking up the road in conversation—I returned to look for a policeman and saw Towers pick up. a parcel, he gave it to me to hold and gave his rifle to another volunteer—this is the same parcel.
Cross-examined by MR. REID. I was not present when, Morton was apprehended, but I saw him in custody—I only held the parcel a few seconds.
Boyce's Defence. I was with this man with a high hat, he asked me to drink and gave me a florin, and I went into the public-house with it.
GUILTY — Nine Months' Imprisonment each.
MR. MEAD conducted the Prosecution.
ROBERT TURNER . I am the son of Elizabeth Turner who keeps the Blue Posts, Freeman Street, Oxford Street—on the morning of 15th July about 12.20 I locked up the house excepting the coffee-room window, which could be pulled down—I was alarmed about 3 o'clock, came down and found the prisoner in custody—I missed a silver goblet value 5l. which has not been recovered—this goblet (produced) was on the counter—it was on a shelf 11 feet high the night before—the window shutters were then down and there were foot marks on the saw dust.
Cross-examined by the Prisoner. I found the outer doors unfastened which I had fastened safely.
JOHN PARKER (Policeman E 318). On the morning of 15th July about 2.40 I passed the Blue Posts and found it safe; I passed again twenty-five minutes afterwards and found the top half of the window shutter down—there was a little saw dust on the area railing and on the window cill, which aroused my suspicion—I went to the folding doors, pushed them open suddenly, and saw the prisoner behind the bar—I asked him what he was doing, he made no answer, I asked him a second time and he said that he saw the doors open and walked in—this cup was on the counter close to where he was standing, and the till was open—I caught hold of him, called "Police," and two constables came.
Prisoner's Defence. I do not deny being there, but somebody had been there before me, leaving the door open. I deny being behind the door, the policeman is anxious to patch up the case, I was drunk and feeling very drowsy went in there to sleep. Two men came out, one of whom had a banjo under his arm, and I thought the house was open. I knocked and receiving no answer went in, and the policeman came and took me. The policeman admits being twenty-five minutes away which would give the banjo player time to secure the cup. The place had been robbed before I got there.
NOT GUILTY .
MR. MEAD conducted the Prosecution.
FRANCES HAMMOND . I am the wife of George Hammond, who keeps the Duke's Head, Red Cross Street—on 1st July I was serving in the bar and a man came in who paid with a shilling—I afterwards discovered that it
was bad, and gave it to my husband—I had seen the man pass the house with the prisoner—three or four minutes afterwards the prisoner came in for a glass of ale and gave me a shilling—I tested it and found it was bad—I said "You have given me a bad shilling"—he said "Have I? I did not know it"—I said "That other young man who was with you has given me a bad shilling, and now you have come and given me another one"—he said nothing, but give me half-crown and put the change on the counter as Mr. Hammond came in and I told him—my husband said to the prisoner "Give me the shilling which my wife has bent?"—he said "I cannot find it," and Mr. Hammond kept him till a constable came.
GEORGE HAMMOND . I keep the Duke's Head—on 1st July, about 12.30 I came into the bar and my wife showed me a bad shilling—I said to the prisoner "Do you know anything of this shilling?"—he said "No"—I said "Where is the one my wife bent which you gave her?"—he said "I put it in my pocket"—he went to the door and we gave him into custody—we looked all over the bar for the shilling but could not find it—I gave the shilling my wife gave me to the constable.
The Prisoner's statement before the Magistrate. "I do not know anything of the shilling produced nor of the man. I don't know what became of the shilling which was given to me.
He was further charged with a previous conviction of a like offence in July to which he
PLEADED GUILTY**— Eighteen Months' Imprisonment.
FOURTH COURT.—Tuesday, August 8th, 1876.
Before Robert Malcolm Kerr. Esq.
307. WILLIAM LEONARD (22) , to a robbery with violence on Sarah Ethel Barber, and stealing a chain, a cross, and other articles, having been before convicted.— [Pleaded guilty. See original trial image.] Ten Years' Penal Servitude and twice flogged.
OLD COURT.—Wednesday, August 9th, 1876.
Before Lord Chief Justice Coleridge.
MR. RIBTON conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS WHITLEY . I am a partner in the firm of Ridley & Co., floor cloth makers, of Newgate Street, London—on 26th July, at 7.15 p.m., I was passing along the footpath, near Enfield, by the side of the New river—my attention was attracted to something in the water; I saw a face—I took off my coat, waistcoat, and shoes, and went in and swam to the opposite side and caught hold of the prisoner by the hair and drew her to the bank; while we were struggling together I saw that she had something in her right hand, I grasped her hand and found it was a child, I took hold of the child; and put it on the bank, I held her for sometime struggling to gain
a footing in the mud; I then managed to lift her on to the bank—I think the child was dead—the prisoner said "Oh, my poor dear Nellie, what will my poor husband "or" dear husband think of it"—she also said "Will they hang me for it—will it be murder "Oh, let me die," and several exclamations of a like nature—I took the child in my arms and swam across the river again, leaving the prisoner on the bank, thinking she was not likely to fall in again and a punt came along—the prisoner was afterwards taken into custody.
Cross-examined. I have said before "When her senses came to her I brought the child across to the other side of the river"; at first she was almost senseless, afterwards she was excited; she had hold of the child while in the water; she was lying on her back and had the child in her right hand, stretched out."
ROBERT GOULD (Police Inspector Y). On Wednesday, 26th July, about 8 o'clock p.m., in consequence of information I went to the footpath by the New River, near Enfield—I met the constable with the child in his arms, dead—I afterwards met the prisoner and took her to the station; I recognised her and called her by her name Emma; I knew her before—her husband is a coffee-house keeper, and a house decorator as well, living in Little Torrington Street, Torrington Square—she said "Is that you "Sergeant Gould"—I said "Yes"—she said "Is the child dead, because I would sooner hear it was dead than alive"—I told her it was dead—she said "Thank God for it, I am happy now"—she produced a card with her address on it, and a letter addressed to her mother living at Southgate, which she opened and handed it to me—this is it. (Read: "Little Torrington Street, July 16. My very dear parents do not consider me entirely an undutiful child; although I know you feel that I have been very distant the last few months towards you, but I felt it was for the best to write to you, it may possible be for the last time, I have been several times accused of not keeping my honour before and since marriage, and that has caused an unhappy life, and rather than that it is better to end it by dying; give my best love to all my brothers and sisters, and accept the same from your ever affectionate daughter, E. J. Couchman. For God's sake please never blame my dear husband, but only blame me." I read the charge over to her and she said "It is too true"—the charge was attempting to commit suicide by throwing herself in the New River, also drowning her child, Ellen, in the same river—she afterwards said "I have never been right since the birth of the child."
Cross-examined. I have heard that she is a very excitable woman; I have not heard of her leaving her home before; the husband was called as a witness before the Magistrate; I believe the prisoner is pregnant.
THOMAS MORRIS . I am a superannuated inspector—on 26th July, I was coming along the footpath, near the New River, I was told by a boy that there was a woman in the water, and I got a punt and went to the spot with some other men—Mr. Whitley had got the child on the bank; I received it from him and handed it over to the police-constable—I saw the prisoner taken out of the water—she said "Where is my child"—Mr. Whitley said "Is it here, on the bank"—she said "I hope it is not alive, I hope it is dead, don't save me, let me die"—I accompanied her to the station.
Cross-examined. She was very excited when Mr. Whitley was holding her in the water.
NOT GUILTY .— There was a further indictment against the prisoner for attempting to drown herself, upon which no evidence was offered — NOT GUILTY .
MR. COOPER conducted the Prosecution; and MR. HARRIS the Defence.
GEORGE BELEMORE . I live at Manor House, Harlsden, Willesden—about 11 o'clock on Wednesday morning, 5th July, I went into a field about 40 yards from the prisoner's house, and saw the body of a woman in a pond, I ran and got a rake and called assistance and pulled the body out, she was quite dead—the grass had been cut, but it was long round the edges of the pond—I could not see any footmarks, I looked where I thought the woman might go in, but could not see any marks of a struggle or any marks where a person could have gone in.
HARRISON BRAITHWAITE . I live at Westbourne House, Willesden, and am a Fellow of the Royal College of Surgeons—I saw the body on 5th July, about 11 o'clock, lying by the edge of the pond dead—I now know it to have been the body of the prisoner's wife—she was carried into the house and I there examined the body—I am not prepared to say that drowning was the cause of death, because I had no post mortem—I am prepared to say there was life after she got into the water, because the hands were firmly clenched and contained weeds and grass which grew by the side of the pond—there were three or four bruises on the legs and a large bruise on the right side bf the nose and the outer covering of the eyeball was partially torn off—that was all I observed.
ISAAC FROST . I live at 23, Kensington Park Road—I am fifteen years old and work in a tailor's shop attached to the prisoner's house—it is a back room—on Tuesday night, 4th July, I was in that room until 8.30—I knew the voices of the prisoner and his wife, I had worked there about thirteen or fourteen weeks—I heard quarrelling during that afternoon between the prisoner and his wife—I did not see anything, I heard them rowing—about 2.30 that afternoon she came into our place and closed the street door—the prisoner came to the stairs and asked if she was upstairs, she came out of the parlour and said "No, here I am," and he struck her across the neck with his hand; it was not a very hard blow—I fetched her a 1d. worth of snuff and half a quartern of gin; that was before the prisoner came in—after she was struck she ran out at the back and called "Police" and "Murder," a policeman came and asked her if she would give her husband in charge, she said no, she would summons him—I had heard them quarrelling before that day—she told me all that afternoon that she would not put up with their nonsense any more, she was so illused, she had stood it for eight years, she would not stand it any longer, she would commit suicide, she would drown herself—I have not seen her much the worse for liquor.
Cross-examined. I have seen her several times not much the worse for liquor.
months—the last time that she came to stay any time was at the birth of my baby; she has come since as my little girl was ill, but not to stay many minutes at a time—on Tuesday, 4th July, she came twice, the first time between 7 and 8 o'clock, and again between 9 and 10 o'clock; she had half a pint of ale the last time; she said her husband had beat her and she was afraid to go home—she had no marks on her nose then or any cut on her eye—she had a bonnet and shawl on; it was 10.50 when she left my house; she went towards her home, which was about 30 yards from my house—the pond is at the back of the house, the house is in a terrace—there is only one house at the back of the terrace.
MARY EASTERBROOK . I am the wife of William Easterbrook, a lamp. cleaner on the railway, and live at 8, Chapel Terrace, Willesden—I have lodged at West's three years—I am not at home in the day, nor yet on Sunday—I have seen a little quarrelling of a morning—I met the deceased on Tuesday evening about 7.30 in the passage, going out of the house with her bonnet and shawl on; she had no mark on her nose then, she crossed the road—I heard her come in at 11.30—I heard her voice in the kitchen, I was listening, expecting to hear something—I did not hear any quarrel—on going downstairs next morning I saw her bonnet and shawl on the sofa in the kitchen—I saw the son, Tommy, and asked where his mother was, and he said she was over at Mrs. Gates'—she was very fond of her husband and particularly of the boys; and was the first to take their part after having words—I never saw the prisoner strike her—I never heard him tell her to destroy herself or make away with herself; she said she did not think she would sleep there that night; she said that when I saw her at 7.30—I know the pond, it is in a meadow with grass round it; it is not paled in, you can get to it through a shed in West's garden.
CHARLES WEST . I am 15 years old, and am the prisoner's son—I used to help him in his business—I was at home on Tuesday night, 4th July—my mother was in and out up to about 11 o'clock—she came home and had some supper a little before 11 o'clock with me, my little brother and my father; my brother is a year younger than me—my mother then left the house, she went straight through into the back yard—she had no bonnet or shawl on, she placed them on a couch in the kitchen—she did not shut the door after her—I thought it rather strange that she did not come back—no one went after her—there had been words during supper, nothing else—we closed the door and went to bed about 11.15—I did not see mother have any beer for supper—my father, brother and I slept in the same room—I and my brother were up first in the morning, we left my same father in bed—I did not hear him get up in the night at all—he got up about 9 o'clock—the door in the shed at the back was always kept chained, mother went out at that door, she could undo the chain and fasten it again on the outside by putting her hand through—I heard of her being drowned a little before 11, my father left a little after 10 o'clock—we shut up the house when we went to bed, we thought she had gone to Mrs. Gates'—I saw my father strike her once that day, and once another day, only twice since I have been at home, which was a little over two months, before that I was in London nearly four years—I have not hit her or kicked her.
Cross-examined. She was my step-mother—I thought she had gone to Mrs. Gates, because she used to go there to see her baby—that was the first time I had seen her leave her bonnet and shawl on the sofa.
SARAH WATTS . I am the wife of Richard Watts, a greengrocer, and live next door to the prisoner—I have heard him and his wife quarrelling—I have heard him say he would do things to her if she did not get out of his way, but she did get out of his way I suppose—he said he would hit her with what he had in his hand if she did not get out of his way—I have heard him tell her to hang herself or drown herself, but of course I thought nothing of that, they were always quarrelling—I have heard her call out sometimes, but not as if she was in any danger—they quarrelled so often that we did not pay attention to what they did say.
Cross-examined. She used to drink a little now and then.
Cross-examined. She asked if I would let her have a room, and she could not live with him as he had been illusing her so—I never heard her threaten to make away with herself.
The evidence given by the prisoner before the coroner was put in and read, in which he stated that they had frequent quarrels in consequence of her druken habits, and that she had frequently threatened to drown herself; that on the night in question she was drunk when she went out, and as she did not return he thought she had gone to Mrs. Gates', as she had done before.
CHARLES WEST (re-examined). I went to bed at 11.15—I did not go to sleep at once—I was awake the best part of the time—I slept the same as I usually did, a good part of the night—when I woke I found my father. there.
NOT GUILTY .
310. WILLIAM WHITE (21) , Feloniously attempting to extort money from Henry Beauchamp Harvey by threatening to accuse him of an in. famous crime. Second Count—For demanding money with menaces. Third Count—For stealing a pair of sleeve links and 9s.
HENRY BEAUCHAMP HARVEY . I live at 24, Ashley Place—I have been an officer in the Army—on Thursday morning, 22nd June, about 2 o'clock, I was walking down Grosvenor Place—I had proceeded as far as the Cooperative Stores, a man had been walking near me all down the street—I turned into a place to make water, when the man came up and accosted me—he continued to follow me—I got as far as Rochester Buildings when the prisoner came up from the same direction—I had come down an alley—it was a small alley where I had turned down—there was a gate there, and the first man said "If you will come inside this gate and give us all the money you have got, you can go"—he opened the gate with a key—I gave them the 8s. that I had, and then they demanded a set of shirt links that I had, which I gave them—they then asked if I had any. more money or anything in my pockets, and I gave them a knife and a key and two or three cards, which was all I had—the prisoner kept on asking for money and threatened to call the police—he did not say what for; he said "If you don't give me the money I will call the police"—this went on for some time until the door was opened from without by a boy—I seized the opportunity and struck the prisoner as hard as I could in the eye with my fist and ran out—the prisoner followed me some way down the alley, and I said to him "If you will come in the morning to Victoria Station I will give
you a sovereign for the links—I said that to get rid of him—I went to Victoria Station the next morning and saw both of them—I said "Have you brought the links?"—they said "No," but the prisoner said "If you will give me a sovereign and the other man 10s. we will bring them at 6 o'clock to night"—the prisoner spoke; he took the lead—I went again at 6 o'clock to the same spot—the prisoner then demanded 3l.—he said "You can't have the links under 3l."—I said "I will give you 3l. tomorrow morning at 10 o'clock"—at 9 o'clock next morning I communicated with the police and went with a detective to keep the appointment—I found the prisoner there alone and gave him into custody—I have since seen and identified my links.
Cross-examined. I have left the army about four years—I resigned on a pension; I was in the Artillery—I was coming from my Club on this occasion—I was perfectly sober—I saw no police in the street when I was first accosted by this man, nor afterwards—I think Rochester Buildings are small lodging houses, with a court-yard—there was quite light enough for me to see the persons who were speaking to me—I was very much alarmed—I am certain that I struck the prisoner; he has the mark on his eye now—I had never seen him before—I was with him two or three minutes at Victoria Station next morning—the other man was the first I saw, and he went and fetched the prisoner, and then the prisoner took the lead in the conversation—I gave 1l. to the prisoner, and 10s. to the other—I saw the prisoner alone next morning—there was nothing in his manner to indicate that he was soft—the detective was about 200 yards behind me—he came up in about three minutes—9 o'clock that morning was the first time I made any communication to the police.
Re-examined. When the first man came up to me, he said "What are you going to give me?"—I said "What do mean?"—he said "If you don't give me all the money you have in your pocket I shall accuse you of an unnatural crime"—I said nothing to that, I was very much frightened and walked on, and he followed me, and then the prisoner came up.
By MR. LILLEY. At the time the first man spoke to me there was no one else present; he appeared a sharp, keen man.
SQUIRE WHITE (Detective Officer B). On the morning of 23rd, between 9 and 10 o'clock, the prosecutor made a communication to me—I went to the neighbourhood of Victoria Station—I saw the prosecutor there talking to the prisoner—I did not hear what passed between them—I came up to the prisoner and told him I was a detective, and I should take him into custody for obtaining money by accusing the gentleman of an unnatural crime—he said "Me?"—I said "Yes; you"—I took him to the station, and asked him to give me the links, if he had got them—he gave me this pawn ticket and this card-case and cards, which the prosecutor has identified—it is a ticket for the Co-operative Stores.
Cross-examined. I was about 100 or 150 yards from the prosecutor when he met the prisoner—he said nothing when I found these things on him.
GEORGE WHITE . I am assistant to Mr. Sutton, a pawnbroker, of 17, Stockbridge Terrace—I produce the pair of gold sleeve links which were pledged on 22nd June, in the name of John Hazlitt, I believe by the prisoner.
Cross-examined. I would not swear to him—we have a large number of customers.
MR. HARVEY (re-examined). Those links are mine, also the case and cards.
The Prisoner received a good character— Ten Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
THOMAS PARGETER . I am a labourer, living in Adela Street, Kensal New Town—I have been living with the prisoneras my wife rather more than twelve months—about eleven weeks ago she was delivered of a girl—she continued to live with me after that—I gave her money for the support of the household, including the child, from 1l. to 25s. or 30s. a week, just according to my earnings—the child was left with her to take care of—at first she used to suckle it, for two or three weeks—the child died on 4th July—it was then seven weeks old—after the first week from its birth it had a little breaking out; on its feet and back—the prisoner showed it to me, and said she had taken it to a doctor's, and he had given her six powders—that was four or five weeks before its death—she said the doctor said it was skin disease, and there was no danger—on the Friday night week before I went before the Magistrate, I went with her to a seafaring doctor, and gave her 18d. for his fee, and she got a bottle of medicine and three powders—on the Tuesday week before it died, in consequence of what my landlady told me, I went to a neighbouring public-house about 8.30 p.m, and found the prisoner there—I asked her if she would come home, for she had left the child from 9 o'clock in the morning—she said "It is a lie; I have not been long out"—she was drunk—she did not come home with me, she stopped talking with another woman—it was 9.30 before she came home; she then sat down in a chair and went to sleep—she gave no attention to the child or any nourishment—I shook her, and said "For Heaven's sake, give the child the breast, it has been crying all day"—she then got up and laid on the floor—I picked her up, put her on the bed,. opened the front of her dress, and pulled her breast out and put it to the child, and they both dozed off to sleep—the child gradually grew worse after that—on the Tuesday, I left home about 4.10 to go to my work—the child was then alive—I came home about 8 o'clock, the prisoner was not there—she had been out all day drinking along with other men—the child was dead, and laid out on the table—I went out and found the prisoner against the Portobello Arms; she appeared to be sober—I said "The landlady tells me the child is dead, and I have been up and seen it"—she said "Well, I can't help it"—I asked her to come home—she said "I won't; I want to get the child's things out of pawn," and I went with her to get them, I would not give her the money, she always spent it in drink.—I usually found her drunk when I came home—I treated her kindly, I never failed to give her money every Saturday.
MARY ANN RAWLINS . I am the wife of John Thomas Rawlins, a stoker, of 1, Adela Place—the prisoner and Pargeter lodged at our house for three weeks—they came on Whit Tuesday—her conduct was very violent, and she was intoxicated—she took care of the child the first part of the time.—afterwards she frequently used to go out and leave it in bed for two or three hours at a time, and neglected it greatly—on 27th June, she left it from 9 in the morning till 6 at night—when I spoke to her, she used bad
words, and told me to mind my own business—the child was continuallv crying during her absence—there was no one left to take care of it—I am the mother of seven children—she did not take proper care of the child during the last fortnight—on the 29th, I gave her 6d. to get some brandy for it, and she went and got intoxicated with it.
THOMAS SYLVESTER GILL , M.D. About a fortnight before 8th July, the prisoner brought a child to me, it was emaciated and suffering from a skin eruption—I did not give her anything, but I told her what to do for it and told her to get a parish order for medical attendance—I am the medical officer for that district, she did not do so—I did not see the child again till four or fire days before its death; she brought it to me, it was in a very emaciated condition, more so than before—she afterwards came and told. me it was dead, and I gave her a certificate of death from inanition, but from what I heard afterwards I withdrew the certificate and informed the police and the coroner—I afterwards made a post-mortem examination; it died of starvation.
SARAH WILLIAMS . I am a widow—I occupied the first floor at 1, Adela Street, where the prisoner lived—she was out very often—on 27th June she went out at 9 o'clock in the morning, returned for about five minutes and then went out again, and I saw no more of her till the father met her in the street and brought her home—she was not capable of taking care of the child—she had the father locked up for an assault, but she did not appear and he was discharged.
The Prisoner in her defence asserted that she had not neglected the child, that it was weakly from its birth and that Pargeter had brutally ill-used her and kept her without means of getting food for herself or the child.
MARY ANN CARTER . I am the wife of Joseph Carter—I knew the prisoner nine years ago, and lived in the same house with her—I saw the baby the day after it was born, it was then a fine healthy baby—I saw it again a fortnight after and it then had great boils—Pargeter came in drunk and used very bad language and ordered me out of the room—I saw the prisoner on a Saturday night with her face bleeding and black eyes, and I went with her to the station—I can't say whether she was sober.
MARY ANN ROGERS . I am the wife of John Rogers, a builder, at Kensal Green—I attended the prisoner as her midwife—before she was confined I said I was sure the child would not live, because of the knocking about she had had, I did not think it would be born alive—I said before the Magistrate that I wished I had had nothing to do with her, because she knocked herself about so drinking;. that is what I say now; it was a beautiful clean baby born, fat and healthy, not very large, there were no marks of disease about it—I saw no brusies on the prisoner—I did not know Pargeter—the prisoner told me she had been knocked about.
MARY PORTER . I am a charwoman, and live at Kensal Green—I first saw the child when it was a fortnight old, it was then covered with sores—on the Sunday before its death she came to me and I gave her some dinner, she was quite sober and proper, and very much in grief, she looked very ill—she had two black eyes and bruises, and was knocked about very dreadful.
Saturday after it was born, it was a very nice, clean little baby, not a spot about it—about a fortnight afterwards I met the prisoner coming out of the pawnbroker's—she was quite sober, but dreadfully bruised and blacked as if she had been struck, and she said Pargeter did it the night before.
NOT GUILTY .
NEW COURT.—Wednesday, 9th August, 1876.
Before Mr. Baron Pollock.
GEORGE CROSS (Policeman C 42). On Monday morning, the 17th January last, between 12 and 1 o'clock, I was on duty near Poland Street, and heard a disturbance in Silver Street in consequence of a drunken woman named Mary Murphy—I told her to go away and as she would not I took her into custody—I went through Cambridge Street into Portland Street with her, and the prisoner Murphy attempted to rescue her in Cambridge Street—he got hold of her and tried to pull her away from me, and said she should not go to the station—at the corner of Poland Street he caught hold of me and some more tried to pull the woman away, and I was obliged to draw my staff to keep them away—he let go when I hit him with my staff—when I got down the street a short distance someone caught hold of my coat and attempted to pull me back, and on looking back I saw the prisoner Murphy in the act of throwing a brick, and I turned my head, and it hit me behind the head—he twisted his legs round mine and attempted to throw me to the ground—I struck him, I think on the shoulder or the neck, I cannot say exactly where, with my truncheou—I then fell to the ground, when I was kicked in the back by someone, but by whom I don't know—I then became senseless, and when I recovered I found myself in Charing Cross Hospital—I was removed to King's College Hospital on account of repairs, and was in the two hospitals until the 27th of last month—I was attended by Drs. Head and Fowler at King's College, and by Mr. Cantler at Charing Cross—I gave evidence in Charing Cross Hospital—I still feel the effects of the treatment I received, and have had four fits since I left the hospital—I have not gone back to duty yet—I have suffered very much from my head and back and leg.
Cross-examined by MR. W. SLEIGH. The beginning of the disturbance was a drunken woman fighting—there was a disturbance before that—I don't remember what was the beginning of the disturbance—I never tried to remember that—my recollection is bad from the pain I have suffered—there was a man or two men taken into custody before the woman was taken for making a disturbance—I don't remember telling Morsby that I drew my truncheon but was unable to use it—I don't remember seeing Morsby that night—I saw some of my division at the hospital—I might have gone to the station—I was insensible—I don't recollect seeing Morsby that morning—I do not remember asking on the way to the station who it was injured me, or on the way to the hospital—I believe I said at the hospital that Murphy put his leg round me and tried to throw me—I recollect my evidence being read over to me, but my memory is gone—I
remember what happened on the night, I don't remember all that occurred at the hospital.
Re-examined. I took nobody into custody before I took Murphy and Mary Murphy—I don't remember when I was examined at the hospital—I was very bad then—I was examined in the presence of a Magistrate—I am certain that Murphy had me by the legs—I have no recollection of being at the police-station that night—I do not recollect a conversation with Morsby—I don't recollect his coming to me at the hospital.
WILLIAM MILLER (Policeman C 34). On Sunday night, 16th January, I saw a crowd in Silver Street, at about 12.45—I followed the crowd into Poland Street, and I saw the prisoner Murphy with his arms round the lower part of Cross's body, and his right leg twisted round him—I caught hold of Murphy and pulled him off Cross—I saw Cross was much hurt—he could not hold up his head—I asked him what was the matter, and he said he had struck him on the head with a stone—I assisted him and found he could not stand—at the same time I kept hold of Murphy for a couple of minutes or so—Cross had hold of Mary Murphy, and was partly leaning on her—detectives Cave and Shrives came up and assisted me in taking the prisoner—a constable came up after a little and assisted in bringing the woman to the station—I took prisoner Murphy.
Cross-examined by MR. W. SLEIGH. There had first been a disturbance in Silver Street—I could not say whether it was between two young men fighting—I did not see any fighting when I came up—Cross was not in Silver Street—I don't know whether Murphy was there—I didn't know him then—I followed the crowd; I could not say whether I followed Murphy or not—I did not see Cross with Mary Murphy in custody before I saw prisoner Murphy—I did not hear Cross speak to Mary Murphy—he was leaning on her when I came up—he appeared to be taking her into custody—I did not say she was all right, and it was no use taking her—I never used the expression, "It is no use running her in; she is all right"—I never remonstrated with Cross at all, that I swear—he had got her into custody before I came up—I was near and saw his arms round her—he was in a stooping position—his feet were on the ground; I did not see him strike the prisoner with his staff; I pulled Murphy off—Mary Murphy was not charged at the police-station with this assault; yes, she was tried at. the police-court with the two prisoners and dismissed—I did not hear her say when her husband was there "For God's sake take me out of this crowd"—I heard Shrives give his evidence—no name was mentioned to me as to who threw the stone or used the stone—I did not take Cross to the hospital—I left him at the police-station—there were perhaps thirty or forty persons present in the street—I should not think there were 100 at any time—I have seen a man of the name of Barrett, who has been mentioned in reference to this case—I don't know that he is an Irishman—I last saw him on the 27th or 28th' of June last—I have not seen him since—I believe he lives in the district where the disturbance occurred—I don't know exactly; I cannot say; I heard his name mentioned at the police-court—I heard witnesses called for the defence there—Cross was not taken through Little Windmill Street, to the station—I was in Little Windmill Street, myself that night—it leads into Silver Street—Cross first took the woman in charge in Little Windmill Street—I did not see him—I was at the police-station when the prisoners were charged—the woman was there when the sergeant asked Cross who he charged—I cannot say
what he charged the prisoners with; I remember his being asked—they were taken into the ordinary room and placed at the iron bar—they were not placed at the iron bar when the constable was there—they were in the room when the constable was there—I did not hear the sergeant ask the constable what the charge was; I swear that—Murphy was like a crazy man making such a noise; I had to take charge of him—he would not keep still.
Re-examined. At the station Cross could not hold up his head—he was in a faint sometimes—he was taken to the hospital in about twenty minutes or so—he was not in a condition to explain anything or to be examined.
WILLIAM CAVE (Detective Officer C). On this night I was in company with Shrives and went to the scene of the disturbance in Poland Street—I went up to the crowd and saw Cross, the constable, holding the man Murphy in his right hand, and he had hold of the female Murphy with his left hand—as soon as Cross saw me he says "Take that man, that man did this" meaning the man he was holding with his right band, "he struck me on the head with the brick"—I then immediately took hold of him—I also took hold of the woman Murphy—after we got a little way up the street Cross fell back, and there was a person there that caught him or he would have fallen down in a fainting state—the female Murphy called out "Cave, come here, I want yon, come to me"—I had hold of her at the time, but I was not close enough—she knew me—I then called Shrives, who was with me, and asked him to go to her, but what she said to him I don't know, my attention was taken up with Murphy—then we went on towards the station—Cross was taken to the station, and subsequently to the hospital—he would have fallen again in Marlborough Street had not he been caught again by a person walking by the side of him—on the way to the station Murphy said "That policeman (Cross) is drunk"—he was shouting all the way to the station that policemen were d-d thieves and liars—I saw Maghan outside the station—he was drunk—at the station Cross kept on fainting off now and then—we could not get anything from him straight off, only a piece at a time—I fetched the doctor.
Cross-examined by MR. W. SLEIGH. Cross could give some explanation at the time, but only a piece at a time—I was not there the whole time—I was sent out for the doctor and for a cab to take him in—I didn't hear what he told the sergeant—all he said was that it was Murphy, that it was him that did it—that was at the station and also in the street when I went up—he did not use Murphy's name in the street—he was holding Murphy in his right hand when I got up—Miller was there, standing close by helping to support Cross—he might have heard what Cross said, but there was confusion, and he might not have heard all that took place—I should think Mary Murphy was sober.
PHILLIP SHRIVES (Detective Officer C). I was in Poland Street about 1 o'clock on the morning of this occurrence with the last witness—when I went up I found Cross being held up, and he had Murphy in one hand and Mrs. Murphy in the other—I believe a constable and Cave were holding him up—Miller was one—in consequence of something that was said I went to the woman and took her into custody—I was asked to go and speak to her—she said "For God's sake take me from this man"—I took her from him, and another constable arrived and I handed her over—I am not sure that I heard Cross say anything then—when I arrived Murphy was being
held by Cross—I believe he said "Take that man; that is the man that done it," and some woman in the crowd called out "Yes, for God's sake take him"—I don't know who the woman was—I endeavoured to find her—they were then taken on to the station—in consequence of what Wallis said to me I took Maghan—he was following up the crowd, and when he arrived at Marlborough Mews I took him into custody—I told him he was charged with assaulting a constable—he said he didn't know anything about it—he struggled very violently—with assistance I got him to the station—at the station steps he caught hold of the railings and said he had not done anything, and he would not go—his wife came up to stop me from taking him—I pulled her out of the way, and some other constable arrived and we got him into the station—Murphy was very violent at the station, more like a madman—he was drunk—they were taken in before the acting inspector and put in the dock—he asked whose charge it was, and Cross said it was his, and he was asked to state what it was—he was in a very fainting condition—he was perfectly sensible at the time and conscious, but very faint—he stated that Mrs. Murphy was creating a disturbance in Cambridge Street, the corner of Silver Street, and he endeavoured to get her away, and finding she would not go he took her into custody; that a crowd followed him on the way to the station, and in Poland Street he was hit on the head by a brick by Murphy—the acting inspector asked him how he knew it, was Murphy, and he said "He was sideways to me and I could see him perfectly well"—he said he was kicked on the ground by some other person—he then became unconscious shortly after and had to be conveyed away to the hospital—when he gave his evidence he was quite clear, but faint.
Cross-examined by MR. W. SLEIGH. The sergeant's name is Morsby—it was at the corner of Little Windmill Street where the woman was taken into custody—Little Windmill Street and Cambridge Street join each other—I heard some part of what Cross said at the station, but there was a great disturbance—it is not hearsay—I think he said after struggling he fell to the ground—I believe he said he drew his truncheon but was unable to use it—I suppose that slipped my memory when I gave my evidence—I won't be sure whether I heard it—he charged the woman with being drunk and disorderly—I was not paying particular attention then—the sergeant can tell you more than I can—I don't know whether he was told the woman was not drunk—I saw the charge-sheet—I didn't read it—I should think she was drunk from her manner—I never took any notice of the charge against the woman; I was not charging the person; if I had been I should have taken notice—I have been 15 years in the force, but not a detective till 1869.
Cross-examined by MR. FRITH. It was simply in consequence of what Wallis said that I took Maghan into custody—he came up to me in Poland Street and told me Maghan was one of the men who kicked Cross—no one else gave me any information—Maghan said he was innocent—Irishmen do struggle when they are taken into custody whether they are guilty or innocent.
THOMAS WALLIS . I am a tailor, and live at 31, Little Windmill Street—I saw a disturbance in Poland Street, I saw Cross having hold of Murphy round the neck and a woman in a plaid shawl on his left hand; I recognised them as Mr. and Mrs. Murphy—then there was a rush of the people to try to get them away—Murphy was hallooing like a madman and Maghan was with
a lot of others, I don't know their names, and the constable was knocked to the ground and kicked—Murphy was trying to get away, kicking about—Maghan was kicking the constable on the ground—the constable was tripped up; I don't say Maghan tripped him up more than the others; I should say Murphy tripped him up.
Cross-examined by MR. FRITH. I was last at the Old Bailey in 1872, when I was charged with conspiracy against a man who was charged with a crime—Sheldrick and another were charged with me—Sheldrick got five years and the other eighteen months—I was acquitted—I don't remember the Judge saying it was a fortunate thing for me; if he did I did not hear him—it was about charging a man for stealing a watch—I knew one of those charged with me, but not the other; I forget their occupation; I don't think the one I knew was a policeman; I should not think he was tall enough for that—a warrant was issued for me and I was taken under it—I did not abscond from my bail; I didn't get bail—I knew Maghan's brother-in-law—he was not, to say, a friend of mine; I daresay I have drunk with him; I informed against him for deserting his children; his wife was dead—I got the reward; I don't know how much I should say, I got about half of it—I knew there was this warrant out against him—I believe Maghan has had an ill-feeling against me ever since—I have no cause for ill-feeling—the brother-in-law's name was Davis—I hit a man in the eye for calling me a Newgate thief and got twenty-one days for it at Marlborough Street—some years back I was knocked down by a man and was taken up for fighting and we were both fined 10s.; I lost my hat and they considered I had been fighting—I am a tailor by trade and work at 82, Quadrant, Regent Street—I haye not said that I would make it hot for Maghan.
Re-examined. I was charged with Sheldrick in June or July, 1872—it was my own watch—the desertion by Maghan's brother-in-law was long since; he got six weeks for it—I have known Maghan for years—I am sure he is the person I saw that night in the crowd kicking Cross.
By MR. FRITH. Shrives came along with Cave and I said "You ought to have been a little previous and you would have seen some fine goings on, the man has been kicked"—I never went up twice to the police to give—that information—I told Shrives what I saw in Poland Street and he followed on behind—I said that I had seen Maghan kick Cross on the ground.
JAMES MORSBY (Police Sergeant C 9). I was acting-inspector at the Marl—borough Street police-station when the prisoners and Mary Murphy were brought—the prisoners were drunk, Murphy particularly so—he was so violent that we had to hold him on the floor till he was thoroughly exhausted from rage, a drunken fit, it took four or five of us—I heard Cross make a charge—he stated he had to interfere with a disorderly crowd of persons in Windmill Street; on their separating, Mrs. Murphy, who appeared to be the ringleader of the crowd, refused to go away and created great disorder; that he took the woman into custody, and finding she would not go away he charged her with being disorderly and causing a disturbance in the street; all went well till they got into Poland Street when he was surrounded by the crowd and was struck by one of the crowd on the head with a brick, by the prisoner Murphy—I asked him how he knew it was Murphy and he said he saw the brick in his hand and saw the blow straight delivered; that he immediately seized him and took him into custody—he got out of his grasp when a lot of constables arrived and took him; that he was thrown down and kicked very
violently by some one in the back—I asked him if he knew who gave the kick and he said "No," he did not—he said he drew his truncheon but could use it—I had asked him why he did not use his truncheon—when he made that statement I may add he began to be partly unconscious—I had some difficulty in getting the latter part from him—he became totally unconscious—the former part of his statement was fairly distinct—he wandered slightly and I had to speak encouragingly to get it from him—he was seen by the surgeon who directed his removal to the hospital.
Cross-examined by MR. W. SLEIGH. I did not take any extra trouble to get that statement as to his truncheon—he was getting unconscious—I asked him why he did not use his truncheon—he began to look vacant about the eyes—I did not say at the police-court that I had some trouble in getting that evidence from him—that was the last part of the statement he made—I have not seen Cross since until this morning—I don't know whether the inspector has—he said Cross became partly unconscious when he was speaking about the truncheon—he was able to tell about the kick in the back and the other constables coming up, and his being assisted by two men—I told the Magistrate that after he said he was assisted to the station by two young men he became unconscious—I might have pointed to Maghan and asked him if he was the man who kicked him.
Cross-examined by MR. FRITH. He did not identify Maghan in any way.
By MR. W. SLEIGH. The woman was sober—she was not charged with being drunk—Cross did not say she was drunk—I have no recollection of hearing the word "drunk" used against the woman.
JAMES CANTLER . I am a Bachelor of Medicine and Master of Surgery in the University of Aberdeen, and am at present resident medical officer at Charing Cross hospital—I received Cross into my care between 2 and 3 o'clock on Sunday morning, the 16th January—he was in a state of great nervous excitement, insensible and unable to recognise his friends—he did not speak till four or five hours after his admission—he had a slight swelling on the back of the head, slightly on the right side of the middle line where the neck joins the head, and some bruises on his back, right side—the swelling might have been caused by contact with a hard body of some kind—the bruises in the back might have been caused by a kick—I afterwards accompanied him in the ambulance to King's College hospital—I delivered him to Dr. Head—he was under my care from the 16th January to the 11th March—he was insensible for some hours, and he had fits, that was in consequence of an injury to the nervous system generally—there was paralysis of the right leg—he was not bleeding.
Cross-examined by MR. W. SLEIGH. The swelling was a little to the right—if he had fallen down in the crowd that would be as likely as any other place to be knocked by the road or payement—I should say the wound I saw was quite consistent with that—there was no wound, no abrasion on the surface; a common swelling—if the head had been hit by a brick or stone used by the hand or thrown by the hand, I should not necessarily expect to find some abrasion—I believe it would be most probable—I should not say he had concussion of the brain when I saw him—it always sets in immediately—a person may recover from it, and I be unable to detect it if I did not see him immediately—I do not believe the serious illness he has had is the result of excitement and shock to te nervous system—it would be caused by injury to the head—I should to like to
say that he had not received concussion of the brain from a fall—it is as consistent that the injury might have been caused by a fall as by his being struck with a brick or stone—one may have expected, if a stone were thrown at him to find an abrasion.
Re-examined. The bruises in the back were more likely to be caused by a kick or some actual violence—the swelling itself resulting from the injury to the head did not present anything alarming—he did not make any statement to me on admission or tell me that anything had happened to him—he did at some time—he frequently told me.
By THE JURY. I do not know whether the swelling was on a part that would be protected by the helmet, I believe it was not—I am certain it was not—I cannot tell whether he had his helmet on.
PHILIP SHRIVES (re-called). When I found Cross being held by two men he had his helmet on—the helmet goes about half way down the head behind—there is a sort of lip to it—a kind of cover—some helmets come down lower than others—it depends on how they wear them—they are different now to what they were.
GEORGE CROSS (re-called). My helmet was partly on and partly off—it fell off after the blow was struck—I cannot say how soon after I perceived the swelling on the back of my head—I received the blow before the detectives came up—my helmet fell off after I received the blow—I never saw it again that night—I don't know whether I had my helmet off when Shrives, came up.
Witnesses for the Defence.
JOHN BEATTIE . I am a tailor and live at 15, Lichfield Street—on. Sunday morning, 16th January, there had been a disturbance and I saw Mrs. Murphy, at about 12.45 or 1 o'clock in Cambridge Street—she was not in custody then; she was taken into custody by Cross—I afterwards saw her in Poland Street, and Cross and Miller—while she was in custody I heard Miller say to Cross "Don't run her in; she is all right"—I then saw Cross struck with a brick on the right side of the head—it came from the side where I was standing, or walking rather—it was thrown from some one near me; I saw the man who threw it—it was a chap about my own height and age—I saw Murphy at that time—he was behind Cross, very close—when he was struck he turned round and knocked Murphy down with his staff and whistled, and Miller ran up, then the other constable—he is a tall man, fair, with whiskers; Cross, got up and staggered about as injured—I went to his assistance with a chap named Buckley, and saw Shrives and Cave come up—I am perfectly sure that neither of the prisoners threw a stone or brick at Cross—I was called at the police-court and gave evidence as I have to-day.
By MR. FRITH. Maghan took no part at all.
Cross-examined by MR. BEASLEY. I am working at 3, Tyler's Street, Berwick Street, with Mr. Rearden, where I have been on and off for this three years—I get 37s. a week—I knew Murphy before this—he is not a friend of mine or a companion—I believe he is a tailor—I was coming away from a meeting on that Sunday morning—I believe Murphy has not been out on bail, I know Mrs. Murphy—she was in custody on this night and Murphy was also taken into custody by Cross; I know Murphy's son—there had been a row before in which Murphy's son had been engaged; she didn't take part in that—she was not present—her son was fighting—she was token into custody for creating a disturbance, I believe—Murphy was not in
custody when the constable was struck—I am prepared to swear that. I am quite sure the blow was from a brick or a stone—I never mentioned who it was; I described the young man before who threw it when up at Marlborough Street—I should know him again—I have not seen him since—I have made no attempt to get him here—I have been in the company of Mrs. Murphy and her son since this occurrence and asked how things were going on—they knew I was coming here as a witness—I didn't see Cave there when I saw Miller—he came up after; I didn't see Murphy with his arms round Cross' waist holding him low down in the body—he had not got hold of him; I am prepared to say distinctly that Murphy had not got his arm round his waist at any time—I saw Cross upon Murphy.
Re-examined. Murphy was knocked down—there were not many people between me and Murphy—I saw the staff distinctly.
GEORGE BUCKLEY . I am a porter and live at 5, Cross Street, Golden Square—on Sunday morning, 16th January, I was in Poland Street, Oxford Street, where I saw Cross, and I saw a brick thrown at him from the other side of Poland Street, by a young chap of the came of Barrett—when the brick was thrown Murphy was just behind Cross, close to him—Murphy was then thrown down and knelt on—the policeman got him like this and threw him down like that (describing)—I did not see whether he did it with anything—I did not know the policeman's name—that is the man (pointing to Cross)—I went to the police-station and led the constable there with Beattie—I am sure that Murphy did not throw the brick—I did not see him assault the constable in any way—he only got hold of him; tried to get him round the waist—the constable had hold of Mrs. Murphy—I am perfectly sure the stone came from Barrett—I have seen him close there—I have not seen him lately—I gave evidence at the police-court—Barrett is about as big as me; not quite so big as the last witness; a young man—I don't know whether he is an American, or Scotchman, or Irishman—I know him well by sight—I do not know his friends.
By MR. FRITH. I did not see Maghan there—I could not see every one.
Cross-examined by MR. BEASLEY. I was at the station after the row that night—I did not tell them at the station that Barrett threw the stone—I wasn't asked nothing about it.
By THE COURT. They were holding Murphy down—I did not hear Murphy put in the dock and charged with throwing this brick at Cross.
By MR. BEASLEY. I did not notice any charge made against anybody—I took the constable in and the sergeant came in and said "What do you want?" and I said "I have just brought this constable in"—that is all—he said "Would you like to put your name down V and I said "No," I was rather timid at this time—I knew at that time that Barrett had thrown the stone—I don't know why I didn't tell the sergeant that Barrett had done the mischief—I saw Barrett throw the stone—I know Murphy didn't strike him with the brick—I cannot say whether he struck him with anything else—I did not see him strike him at all—I don't know where Barrett is now—I remember seeing Murphy handed over to Cave—I heard a woman in the crowd say "For God's sake take that man, it is he who has done it"—I don't know who that woman was—I have constantly seen Shrives—I have never said anything to him about Barrett throwing the stone—I don't think I have—I didn't see Shrives before I got up to the station—I said nothing about the stone—the first time I said it was
before the Magistrate—I was called as a witness—I don't believe I have ever said anything to anybody else, except on that occasion, about throwing the stone.
Re-examined. I saw Murphy trying to take the constable round the waist as if to get his wife away from the constable—I went into the Station and assisted the constable, with Beattie, into a safe place—I did not stay there for three minutes after I saw him safe—I did not hear anything of the taking of the charge, I was timid—I didn't want to be mixed up in the affair—I am seventeen years old.
ELIZABETH MORRIS . I live at 22, Little Windmill Street, and am married—my husband is a carman—I was in the street and saw this disturbance—I saw Mrs. Murphy and the police-constable—Cross is the man, to the best of my knowledge—I did not see any stone throwing or anything of the kind—I was at the beginning of Poland Street.
By THE COURT. I heard there was a brick thrown but did not see it; I only saw the people and heard that a policeman was very much injured—I am subpœnaed here—I should think there were more than thirty people there.
EDWARD ROSS . I am a leather case maker and live at 57, Poland Street—I know John Erret—he is not here to-day—I do not know why—I saw the disturbance in Poland Street, and saw Cross and Murphy there, and also Mrs. Murphy, who was being locked up by Cross; the man who was struck, I cannot identify him—prisoner Murphy was at the corner of Poland Street and Broad Street, about. 15 yards from the constable—after they got into Poland Street I saw the constable struck—I cannot say what he was struck with—it was by a young fellow about my own size—it appeared to be a stick to me—I saw it in his; hand—I could not tell the man's name—there were fifteen or sixteen people about—prisoner Murphy did not hit the constable with anything—he came up Poland Street, and when he got to my door he fell, and the constable took out his staff and struck him several times on the back and head—Murphy was close to the constable after the constable was struck; three or four minutes after—Murphy slipped off the kerb.
Cross-examined by MR. BEASLEY. Murphy was struggling to get up—I didn't see him with his arms round the constable's waist; nothing of the sort—I know Shrives; I have not spoken to him—I told Cave when he asked me something about this assault that I knew nothing about it—that was two or three days after.
Re-examined. I told him I did not want to interfere with it—I told him that a little while back there was an affair in Broad Street, a man had his arm broken, and I was up about it for a month and lost my work, and I would not have anything to do with it—I told him I knew nothing about it—I told him I had seen it, but didn't want to have anything to do with it—I have been subpœnaed—I was not asked no more than that.
MAGHAN— NOT GUILTY .
MURPHY— GUILTY—Strongly recommended to mercy on account of being concerned in the rescue of his wife — Twelve Months' Imprisonment.
FOURTH COURT.—Wednesday, August 9th, 1876.
Before Mr. Common Serjeant.
MR. F. H. LEWIS conducted the Prosecution.
BENJAMIN WINTERSON . I am an office boy, and am sixteen years old—I live at 80, Upper Thames Street—about 11 o'clock in the morning of 31st July I met the prisoner in the street—I spoke to her and she spoke to me—I was with her about two minutes and walked away—I had an envelope in my hand containing 9s.—on putting my hand in my pocket I missed it; I then ran after the prisoner, and caught her at St. Mary-at-Hill, half way down the hill—I accused her of taking the envelope; I saw it in her hand—it was unsealed—she gave it me back; it was open—I found 3s. in it—I am quite certain when it was taken from my pocket it had 9s. in it—I asked her for my money—she denied she had it—I called for a policeman.
Prisoner. He followed me down through the streets, and rose up my clothes. Witness. It is false.
ROBERT CHRISTY (City Policeman 789). The prisoner was given into my custody—she said "Oh, you scoundrel, I have given you all"—he said "If you give me the other 6s. I shall let you go"—I know the prisoner as a prostitute—she gave an address, but was not known there.
Prisoner. I want to be hanged. He came up to me and threw me down In the street and threw up my clothes, the dirty blackguard. Witness, She did not make any charge against the boy.
GUILTY **— Twelve Months' Imprisonment.
316. FRANK HOWE (21) , to two indictments for stealing seven pairs and six pairs of boots of Harry Bateman and another, his masters.— [Pleaded guilty. See original trial image.] Eighteen Months' Imprisonment.
The Jury in this case being unable to agree were discharged without giving any verdict. The case was tried again next day. (See page 361.)
OLD COURT.—Thursday, August 10th, 1876.
Before Mr. Justice Archibald.
(Edward Lambert, who was also charged, was unable to appear in conesquence of illness).
MESSRS. POLAND, BEASLEY, and MEADE.conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Williams and Turner; and MR. HORACE AVORY for Lloyd and Kingsland.
JAMES DOWDESWELL . I am a cordwainer, and live at 9, Bentley Terrace, Kingsland—on Monday, the 12th June I was at the Star and Garter public-house, at the corner of Ball's Pond Road, two or three miles from Lea Bridge—I saw the prisoners Williams, Lloyd, and Kingsland there—I had no conversation with them—I had known all the prisoners before to speak to—to the best of my knowledge I left them all three there—on my return
home I saw the prisoner Williams again coming away from my house—my wife called my attention to him—she said "Father, that man has got our cat"—I did not see him take it—I said "Do you hear, what are you going to do with that cat?"—he made answer "All right, you see us at the Star," and with that he walked on—this was not five minutes after I had seen them at the Star—I recovered the cat the next morning by attending at Worship Street, where I claimed it.
ELIZABETH DOWSDEWELL . I am the wife of the last witness—Williams came to my house on the afternoon of the 12th June—he said "Is this your cat, mother?" and I said "Yes, it is indeed,"and he said "Will you let me have the cat to take to the Star to catch a mouse with?" and I said "No, don't take the cat away"—he took it—he said he would not be five minutes before he brought it back again—I understood he had laid a wager of a pot of beer that he would get the cat to catch a mouse.
ALFRED TODD . I am eleven years old—my mother keeps the Elephant public-house at 81, High Street, Kingsland—I recollect Kingsland coming there between 4 and 5 o'clock—he asked my mother for a bag—I handed it to him—it was like that (produced)—there was something in it—I don't know what.
EDWARD WILLIAM MASON . I live at 27a, Cavendish Street, New North Road, and am a glass lapidary—between 4 and 5 o'clock on the 12th June I was outside the Jolly Anglers by the river Lea—the Middlesex side—a short distance above Lea Bridge I saw four men pass me while I was sitting there—they were going up towards Tottenham—three of them were the present prisoners—one of the four said to some boatmen "Come and see a game that you never saw before"—Kingsland had a bag across his shoulder similar to this produced—neither of them spoke to me—one of them had something under his coat as if hidden—I did not see what it was then—I saw the deceased and another man (Turner) on the other side of the river—I had not known the deceased before—I saw four on my side of the river because there was one that is not here now—Turner asked the boatmen on my side of the river which way the others had gone, and they directed him "higher up, round the corner"—the river takes a bend there—I then followed Lloyd, Williams, and Kingsland—they went as far as the boat-house when I saw the man with the bag put it down on the ground and take out some rope in pieces and tie it, and one of the men with him hired a boat of Topley and took the boat across the river—Topley took Williams across to the Essex side—Williams had one end of the rope and he was landed and Topley turned back—I saw Turner on the Essex side when Williams landed and the deceased—Williams tied the rope round the deceased's waist—Kingsland, the man with the rope on my side, the Middlesex side, gave the signal by holding up a very small cat, quite a kitten—nothing was said on the Essex side—the man was shoved backwards into the water by Williams, and he scrambled back on to the bank again, and he was pushed in again by the same man-Lloyd and Kingsland pulled the rope three—fifths across the river, when it broke—the deceased was on his back with his head under the water—he sank and never came to the surface again—Lloyd and Kingsland walked away directly—Turner went away—in half an hour and ten minutes a man recovered the body with a boat-hook—there were several boats put out—while the rope was being tied in joints one of the prisoners said "He will be drowned," and the other made a foul expression and said "A good job too; his old woman won't miss
him"—Williams pushed the deceased into the river by putting his hand under his throat and his foot behind the deceased's foot to trip him—the deceased was standing on the brink of the river—I didn't exactly see the distance—when the foot was put behind the deceased he fell into the river.
Cross-examined by MR. M. WILLIAMS. I should say the public-house where I was sitting was barely a quarter of a mile from the scene of the occurrence—it was there I heard the observation made about coming to see something they had never seen before—I did not follow on until after the two men appeared on the opposite side—I then followed on to see what was going to happen—I saw the boat brought, and the rope taken across on the other side—I saw the deceased stand still while the rope was put round him—when the rope was fixed he stood quite clear of the brink of the water, the other persons on the other side having hold of the rope—deceased could not see the other prisoners on the other side of the river holding the rope, because he had his back to them—he was not allowed to look round—the rope was ferried across before he was tied—I believe he could see it ferried across—the signal was given—something was said—I cannot recollect the words—the cat was on the other side, not attached to the rope—Lloyd had the cat—they did not go and fetch the drags; the drags were brought—I saw somebody trying to help the man out with a scull-neither of the prisoners came back—I was not able to swim—if I had been, I should have been one of the first to help—I should say the width of the river Lea there is near upon 100 feet.
Cross-examined by MR. AVORY. It was Lloyd who held up the cat—I know the difference between Lloyd and Kingsland—Kingsland had the rope at the time Lloyd held up the cat—he had hold of the loose end of—the rope that was hanging down, I don't know by which hand—Kingsland had hold of the rope at the same time, I swear that, at the time the cat was held up—the something that was said as a signal was on my side of the river; nothing was said on the opposite side—I did not say before the Magistrate "Kingsland held the cat up, and called out, all right!"—no one called out "all right"—I might have said so—the boat was there very shortly after—I don't know that it was the same boat that had taken the rope across—I swear that neither Lloyd nor Kingsland came back or had anything to do with the drags, or handing the rope to any other man—they did not bring the drags.
By MR. M. WILLIAMS. I said "Some one held up a cat with a handkerchief round its neck, and called out 'Is it all right?'—there was no answer to that, when a man on the bank with deceased put his hand on deceased's throat and put his foot behind the deceased, and threw him into the water."
Re-examined. At the police-court, Turner was defended by a solicitor—I was not asked there whether either of the prisoners went for the drags, whoever it was; I am sure one of the two men held up the cat—the event occurred near the boat-house, where a number of boats are let out—Williams was ferried across by Topley, the boatman.
WILLIAM SIBSON . I am a boatman, living at 7, Day's Cottages, Lea Bridge Road—I remember some men coming down to the river Lea on the evening of the 12th June, about 5 or 6 o'clock—they were dressed as working men—I cannot speak to any of the prisoners as being either of them—one of them was carrying a bag which they turned upside down, and turned some rope out of it—they came down the tow-path a short distance
and went to the second arch up; they commenced tying the rope—it was in pieces—one of them asked me to lend them a rope, and I told them I had not one to lend them—one of them had got a cat in his hand—he said "We are going to have a lark with a cat," and I then went away up the tow-path, and I saw nothing more of it.
EDWARD W. MASON (re-called). The remark "He will be drowned, and his missus won't miss him," took place on the side where I was—I don't know who used the words—I believe it was one of the prisoners—they were speaking as if they were friends, as if they knew all of his affairs—I swear that these words were used—there was a lot of people there at the time—I don't know whether it could be heard on the other side of the river.
CHARLOTTE FINCH . I am the wife of George Finch, a coachman—on the afternoon of the 12th June I was on the Middlesex side of the river Lea, I recollect a rope being taken across the river, and on the other side of the river I saw the deceased, Robert Elliott—Turner was on the Essex side, and the man who pushed him in—the rope was tied round the man's waist, and he was pushed into the water; he was standing with his back to the river—I did not hear what was said to him—he stopped while the rope was being tied round him; he did not kick, and then he was pushed into the river—he said he did not wish to go—he tried to get his arm through the rope before he was pushed.
By THE COURT. Was that after it was tied? A. Yes—he said "For God's sake, don't push me in"—that is what I heard him say—he was pushed in by the—arm in that way (describing)—after he was pushed in the first time he got on his hands and—knees to clutch the grass, then he got out—he was kneeling with his hands in the water, and he was pushed again—the rope was broken when he was dragged across the river—I saw nothing but the tips of his fingers after that; he went right down—when. I last saw his fingers he was nearly the half of the river across—the man with the boat that took the rope across came back afterwards—I did not notice any attempt made to save the man until the drags arrived.
Cross-examined by MR. M. WILLIAMS. I was on the same side as the man who held the rope—I was standing by the water-cress beds, close to the boat-house; just beyond the boat-house, a few yards from the man who held the rope—about as far as I am from the judge—I was close to the side of the river—I heard the man on the other side of the river say, "For God's sake, don't push me in"—I have said that at the inquest—I was examined before the Magistrate; I believe I said it before the Magistrate—I said "I saw a rope taken across the water in a boat, and tied round the deceased's waist; he said 'No, I won't,' and tried to get his arms out of the rope," and "For God's sake, don't" he said afterwards, and the push was given—I don't know if I said that before the Magistrate; I ought to have done so—I said so before the Coroner—there were some people on the opposite side—somebody else might have heard; I cannot tell—there were plenty of people; two or three dozen—I saw the cat—the cat was my side, and was standing at my feet after she was thrown down—I had no idea of what was going on—I went down to see my cousin, and to take my little ones for a walk—the cat had the rope round its neck—I did not hear anything said about a collection being made for the deceased—I did hot hear of its being a game whether the cat or the man should get out first—I did not pay attention to what these men were saying on my side—I was watching the man.
Cross-examined by MR. AVORY. I did not see the last witness, Mason there—I did not hear anyone on my side say anything about the man being drowned—they said "He is drowned," after he had gone down—I heard nothing about his missus not missing him—I was 2 or 3 yards off them.
WILLIAM TOPLEY . I am in the service of Mr. Marval, who keeps a boat-house on the river Lea—on the 12th June, about 5.30, two or three men came, and one of them asked me to lend them a boat, or ferry one of them across—it was Williams—I only recognise Williams—he said they had got a wager on the measurement of the river—I ferried him across from the Middlesex side to the Essex side, with one end of the rope in his hand—Williams tied or placed the rope round the deceased man's waist, under the arm pits—Turner and Williams were on the Essex side at that time—Turner was several yards from Williams when he was tying the rope round Turner called to the men on the Middlesex side to know if they were ready, and I heard them shout out something, but what they said I cannot say—Turner said "Go," and Williams shoved the deceased man into the water—I was coming back with the boat from the Essex side to the Middlesex side at the time—when Williams shoved him in the first time he fell on his hands and knees, and as he scrambled up Williams shoved him in again—they drawed him a little better than half across, the rope broke, and the man sunk—the men on the Middlesex side drawed him from the Essex side—he was on his back in the water; he splashed about—his face was under the water the whole of the time they were pulling him across—my back was towards those on the Middlesex side when I was coming back—I am sure I saw a cat—I cannot say which of the men had got it—Williams came back and tried to get the man out with our drags—the depth of the water is about 10 feet; it gradually runs down from where he was pushed in—you can go out 9 feet before you come into 5 feet of water—I don't suppose it is more than half an inch at the edge.
Cross-examined by MR. M. WILLIAMS. When the signal "All right! go" was given I was in my boat between the two shores, close to the Middlesex side—I could not hear everything that was said—that is all I heard—if they had got him the other side and the rope had not broken ho would have been all right—the width is 98 ft.—there wore several drags there in a few minutes—the prisoners did not fetch them, but the lookers on—I did not see what became of the prisoners—they had not gone for the drags—I saw other people bring the drags there, if the prisoners had gone for them the people down below would have known—I have said that "the deceased seemed quite willing that the rope should be tied round him."
Cross-examined by MR. AVORY. I did not hear anything on the Middlesex side of the river about his being drowned, before he was started into the water, or anything about "his missus won't miss him"—I was in the boat in the stern.
Re-examined. The deceased seemed quite willing that the rope should be tied round him—he did not make any objection afterwards—I didn't see him—after he was pushed in he scrambled up.
ROBERT ARTHUR . I am a boat builder, living at Pleasant Place, Lea Bridge—on the afternoon of the 12th June, a man was ferried across with a rope to the Even side—one end of the rope remained on the Middlesex side—I saw the deceased on the other side, and the rope tied round him, and he was pushed in—he got out again and was pushed in again—after that he was pulled half way across when the rope broke and ho never came up again—some attempt was made to save him by the man in the boat.
FREDERICK BROWN . I live in St. Luke's, and am door-keeper at a mission hall—on Monday, the 12th June I was on the Essex side of the River Lea, and saw Turner there and a man tying the rope round the deceased's waist, and while tying the rope I heard Turner say "When you are ready I will start you." When they finished tying the rope I hoard a shout on the other side, and heard Turner say "Off you go"—I cannot say what the shout was—I then saw the same man who had been tying the rope push him into the water—he pushed him twice; he tried to get out the first time—I followed Turner, who went away after the man sank, towards Lea Road—I spoke to a police-constable, and he was given into custody.
Cross-examined by MR. M. WILLIAMS. Turner and the deceased were on the same side of the river together—Turner was looking towards deceased when he said "When you are ready I will start you "-deceased could hear it perfectly well—after the shout from the other side he said "Off you go."
GEORGE WATSON . I live at Hammond Cottages, Lea Bridge, and am a baker—I remember three men with a cat passing me about 5.30 on the evening of the 12th June—they went towards the river, and I followed them—I saw the deceased man with the rope round him—when I arrived there he was holding his arms up having the rope tied, willingly—he turned round and said "I hope you ain't going to play no larks"—some of the prisoners on the Middlesex side said "Turn your back, you will be all right"—a man on the Middlesex side held a cat up.
CHRISTOPHER USHER (Policeman N 552). I took Turner into custody on the 12th June—he was pointed out to me by the witness Brown—I told him to come to the station with me for being concerned with others not in custody for having a game at Cat, at Lea Bridge—he said "I was only looking on, the same as the rest."
JAMES ARMSTRONG (Detective Officer N). On the 16th June, I was at Southall, and apprehended Kingsland, Williams, and Lloyd—when they saw me, Williams jumped over a hedge, and Kingsland and Lloyd stopped with me—I told them they might as well stop—I told them what I had come for, and they said they were very glad, and would go back and have it cleared up "We shan't fight for it"—I said I must take Williams first before they went back—Williams came out from behind the hedge, and Kingsland said "I am sorry for old Jimmy Turner."
ARTHUR HOYES (Policeman). I was with the last witness—Kingsland said "I am very sorry for old Jimmy Turner; we will go quiet; we shan't fight for it"—I was with Williams the principal time—Kingsland said "I am very sorry for it, the rope belonged to me, and we all went down together."
Cross-examined by MR. AVORY. They said they were coming to give. themselves up—they said they were all coming, but the other one has not. come yet.
Cross-examined by MR. M. WILLIAMS, I saw some men come down on the Middlesex side—one of them was ferried across by William Topley—there wore two in the boat—they took a rope with them, and tied the deceased round under his arms, and I saw a cat tied on the other end of rope—there were several men on the Essex side; there might be two dozen—I was examined at Worship Street on the part of the prosecution—I don't think it was a violent push—it appeared to be a joke; and the
people were laughing heartily, and there were boats and boatmen quite near—I said there was a boat some 40 or 50 feet from the spot where the man sunk—when he went down, there were four or five boats instantly put out—the drags were fetched in a very short time—I saw him pushed in the first time, and he got on the bank and stood in the same position, as if to be pulled in again—I also said I heard something called out, but could not detect what it was—he was pulled in again.
By THE COURT. He was standing without resistance or any attempt to get away—he seemed as willing to be pulled in as they were to pull him—he stood with his back to the water to be pulled for a minute or a minute and a half—I did not hear him say anything—when he was first pushed in he scrambled out on his hands and knees—I don't think the water is very deep there—it might have been up to his knees; of course it was deeper at the other end—I was on the Middlesex side—he had turned his back to the water, so I could not see his face—his back would be turned to the Middlesex side of the river—I was perhaps 5 yards from the spot on the Middlesex side from where the cat was—I saw the cat—I did not hear deceased say "For God's sake, don't push me in," or "I hope you are not going to play any larks," or anything at all—all that makes me say that he was willing to be pushed in is that he stood there and waited some time—I was told there was to be a man brought into the water by a cat—I do not think it is a common game in the neighbourhood—I have heard of it, but never seen it—it was on that account that I waited to see it—I do not know whether any of the other people were aware of what was being done.
ELIZABETH TABOR . I am the wife of William Tabor, of 43, Leonard. Street, Shoreditch—I am the mother of the deceased, and saw him dead in the mortuary—he was twenty-three years of age—he had never been in the water in his life—he was very weak indeed; a weak-minded young man.
Cross-examined by MR. M. WILLIAMS. He did not live with me—he had ceased to do so for years—he had a wife, or rather a young woman living with him as his wife—I did not see him very often—what his habits were when away from me I don't know; I don't suppose very good—I used to see him very nearly every other week—he was a labourer—my brother knew he could not swim; he told me so two or three months ago—my mother knew he could not, and a young man at Kingsland knew he could not swim—the prisoners all knew him—they did not like him—he was very much disliked against Kingsland Gate—the young woman who lived with him told me that they had a spite against him.
CATHERINE JENNINGS . I go out washing and charing—I lived with the deceased; he was very easily led—I never heard about his ability to swim—I never knew of his bathing or going into the water to bathe.
JAMES TAYLOR (Police Inspector N). The river where this occurred was measured in my presence—it is ninety-eight feet in width—the spot where the deceased sunk was pointed out to me and that was about eleven feet deep—I produce the rope, which is a very rotten one, composed of old halters and pieces of clothes line—in my opinion the rope was in quite an unfit condition to attempt to drag a man accross the river; I have measured the rope—it is over 100 feet; 110 feet.
Cross-examined by MR. M. WILLIAMS. I have known Turner for many years—I never knew anything against him—this is the first time I have known him in trouble—he is a hay salesman and deals in horses.
TURNER, WILLIAMS, and KINGSLAND received good characters— GUILTY — Six Months' Imprisonment each.
NEW COURT.—Thursday, August 10th, 1876.
Before Mr. Baron Pollock.
319. ALFRED STEBBINGS (27), PLEADED GUILTY to feloniously killing and slaying David Cuthbertson. Mr. Pope for the prisoner stated that the fatal blow was struck by the prisoner with a slight cane, with a buckhorn handle, rather in play than in earnest, but that there were perforations in the deceased's skull, seldom found except in aged persons' which caused it to be more easily fractured, and that the death arose rather from misadventure than intention.
MR. SAFFORD for the Prosecution, in recommending the prisoner to mercy stated that he has raised 850 l. for the deceased widow and children.
The prisoner received a good character— One Month's Imprisonment.
MESSRS. POLAND and BEASLEY conducted the Prosecution; and MESSRS. FRITH
and FOSTER the Defence.
EMMA JONES . I am the wife of William Jones, of 34, Clarendon Street, Harrow Road, we occupy the parlour—the prisoner and the deceased, Mary Ann Ebelthrift, occupied the two kitchens under us—I knew nothing of her before she came to the house, or whether she had been a widow, but she had a little girl between eleven and twelve, whose name was Hancock, and two sons, who are older—I was at home on Saturday evening, 24th June, when the prisoner and his wife came home between 7 and 8 o'clock—I saw them come home; they were both the worse for drink—a Mrs. Juskin and, her two children were with her—they went into the kitchen together—they seemed very happy together—that state of things lasted for a few minutes, and I saw the prisoner go out shortly afterwards—he came back and Mrs. Juskin went out afterwards—I walked with her; she went to the Closet, and I saw the prisoner go out after her without his shoes or coat, or anything—I saw him open the closet door and try to get in, and Mrs. Juskin who was inside at the time called "Annie, Annie"—that was to the little girl—the little girl came to the yard door, and Mrs. Juskin came out and came into the passage and went out—the prisoner then went into the closet—the deceased was then in the front kitchen—she could not see the closet from there—she did not come upstairs at all—I did not see him come out of the closet, but I heard him—he was there for a minute or two, and when he came out he went straight into the kitchen to his wife abusing her and calling her a b——something, and a b——whore—he said that he would do for her, and would cut her b——c——out that night; describing a part of her person—I did not see him—he was swearing very dreadfully and accusing her—that kind of language went on for about ten minutes—Mrs. Juskin had then gone—I was afterwards in my room at the top of the stairs and heard the deceased cry "Oh," I then heard a scuffle and a scream from the woman—I felt very frightened and put on my bonnet and went round to the landlord who lives at 46, Amberley Road—he did not come back with me, but he came directly afterwards—when I got back it was all quiet—it was then 9.5 or 9.10—the landlord came in directly afterwards and went to the back kitchen and tried the door—he went down with a notice to the prisoner and told him to leave on the following Saturday—he then spoke in the kitchen far a minute or so and went away—after he had gone I heard the prisoner trying to get into the back-room; he had the handle in his hand and was pushing with his knee—I
could not make out what he said, but he was speaking all the time in a low swearing way—that was about 9.30—he did not get in at the door, he went out—I then went out marketing with my husband, it being quiet below—it was a usual thing for the deceased to shut herself in when she had had words with him—when we came home it was quiet down below—we were having our supper about 10.30, and the girl Annie came in at the street door crying—she did not come into our room, she stood at the top of the stairs, and I asked her what was the matter—I saw her go down, her mother opened the door and I went into the room and found the deceased standing with a candle in her hand holding the door open for me to go in—she spoke to me—I did not look at her clothes or her condition—there were some spots of blood about, and she had a dark dress on which was wet—this was about 10.30—the little girl was in the room, but she came out with me and the deceased locked herself in again—the prisoner came back within a few minutes and tried the door—he seemed only just to try it by the handle, he did not succeed in getting in and he went out—I then went down and fastened the door into the area so as to bar him out—I then knocked at the door and received an answer from the deceased, but she did not open the door nor did she afterwards do so—that was the second time I went, as she called out—I then went upstairs thinking she would follow me up, but she did not, and I ran down again and knocked, but could get no answer, and the door was still fastened; I turned the handle and pushed hard, but got no answer; I heard a slight movement in the room—I next went to the back window which looks into their room and tried to get an answer—there was no light in the room and the blind was down—I rushed upstairs and spoke to my husband—her two sons then came in, one of whom is sixteen, and the other fourteen—they rushed down and called "Mother, mother," and ray husband too—they attempted to get into the room by the window, but failed; my husband then broke the window and unbolted it and threw the window up, and she was lying with her head on the bed and her hands on an arm chair—her sons tried to arouse her first by calling "Mother," and catching hold of her, and with that she made as if she would rise and fell backwards on the floor—I was there when the surgeon came, but I came out—when the constable came there was a light, he came almost directly; he was at the street door—when he came in and we had the light I observed that the floor was very much splashed about with blood—the poor woman was dead but warm when the constable came—I could not see whether she had any severe injuries, but her clothes were very wet—I was very much alarmed—I have told you all I know about the matter.
Cross-examined by MR. FRITH. I have not said before to-day that he threatened to cut her person out or anything of the kind—it is not the fact that I was so alarmed and agitated that I am not certain what was said—I will swear exactly what he said in spite of my alarm and agitation—the language was so dreadful that I did not like to repeat it when the circumstance was fresh in my recollection before the Magistrate—I was in a dreadful state of excitement, alarm, and agitation—I have talked the matter over with my husband since—he was not there when those words were used—the deceased woman drank a good deal—when she was drunk she was not very violent unless she was very much upset—she quarrelled with her husband very frequently and I have heard her use threatening language to him—I did not hear her say she wished she had thrown a flower pot at his head; it was I
who said that when I looked out of the window and saw him in the yard—I said that I had a great mind to throw a flower pot at his head—I have never beard her use threatening language—I have never seen her throw knives at him, or pieces of crockery—I have heard the crockery flying about, but don't know who did it—I have seen pieces of broken crockery about the room several times—the prisoner could not see woman go into the closet—after he went to the door and tried it the woman came out and he went into the closet himself—it was after I heard the row that was going on that he said he tried to go into the closet to the woman—she appeared to be very indignant and very jealous at that—it was immediately after the row that that was said, about 10.30—they appeared in good humour when they came home, but they had been on bad terms all the week—I have heard her say that she should either do for him or he for her—she was rather quorrelsome, I don't know about violent, I should not describe her as that.
Re-examined. The deceased would go out washing when she had the work to do—she was not of a very violent nature, but when she got drunk she was quarrelsome—the prisoner was very quarrelsome when he was drunk—she was very stout and rather tall—nothing took place until after the woman went to the water-closet—it was then the language I have spoken of began—I was very much alarmed and agitated and went out—I have not the slightest doubt about the words being uttered which I have told you.
WILLIAM JONES . I live at 34, Clarendon Street, Harrow Road, and occupy the parlour—I am a warehouseman—on Saturday night, 24th June, I went home about 9 o'clock, as near as I can tell—I went out soon after—I did not see anything of the prisoner, but I heard him from the top of the kitchen stairs about 11 o'clock, as near as I can tell—I heard him kicking at the back kitchen door, which was locked, and making use of most—beastly expressions—he said "You b——old wh——, you b——rotten old cow, I will do for you to-night"—he did not get into the room—he left the house when he found he could not get into the room—some time afterwards" I went downstairs—my wife went downstairs first with the little girl, Annie—I tried to break open the door as I was certain something was wrong—everything was quiet—I went upstairs again and took the first thing I could get hold of to break the back kitchen window—I broke the bottom square in the bottom sash and unbolted the window and rose the bottom sash up—I pulled the blind on one side, and as I did so the woman fell on her back with her head slightly underneath the foot of the bedstead—she was rather on her right side—when I opened the window she appeared to me to have one hand on an old arm-chair and the other on the bedstead—I ran upstairs and met a police-constable at the door who got in at the window first and me afterwards in the presence of her two sons—the constable had his lantern and went up to the woman—she was quite dead. but very limp—we raised her and put a pillow under her head—her eyes were closed—she was quite warm—I found I was up to. my soles in a pool of blood—I had not got very thick soles on, but it touched the upper leather—she was dressed in all her clothes, including shoes and stockings—the constable opened the door and I left the room to fetch a doctor—the doctor ripped the skirt off her, and I saw then that the under skirt was saturated with blood, and I then left the room, as I did not think it was my duty to stop there—I left the doctor and the constable there—I was never in the closet with the deceased—I never spoke a dozen words to her in my life.
Cross-examined. I said before the Magistrate that the prisoner and his
wife frequently quarrelled—I never heard her use very violent or threatening languge—I have never heard her threaten to take his life—I was not there so much as my wife—I leave at 5 o'clock in the morning and do not arrive home till 9 o'clock at night—I have heard perhaps chairs flying about or crockery broken.
MARY ANN HANCOCK . I am eleven years old—the deceased was my mother—I remember being at home on Saturday 24th June—in the middle of the day my step-father (the prisoner) came home, between 1 and 2 o'clock my mother was at home then, and he spoke to her wicked—he afterwards sent me out for a box of matches and half a quartern of rum—when I came back he was smacking poor mother—he got her to the bed and put his hand against her throat—there was a lot of blood—I didn't see him do anything else, only smack her and swear at her—she was lying on the bed—his knees were on her chest; she halloaed out "Annie, murder!"—this was between 7 and 8 o'clock or 6 and 7 o'clock; I cannot say which—there was blood up near the bed and on the bed where my mother was.—she said something to me—my father was not there then; he had gone out—I was frightened and ran out on the top of the area steps, where I stayed a little time—I called out "Mother," and mother didn't answer, and Mrs. Jones said "Why don't you come upstairs?"—I tried to get in at the door—she halloaed out "Oh!" three times—I went out again and met my father going up the street; after that I came in again—I did not see my father go in—I didn't see him any more—I saw the knife that night—it was father's—I saw him washing it in the front kitchen—there was a lot of blood on the top of it—he wiped it on a towel—I saw him use it to cut the—bread that night—that is it (produced).
Cross-examined. When my father was in the front kitchen I was on the top of the area steps—I peeped through the window—the window was lower than the steps—I went down two or three steps and peeped in—he was at the other side of the front kitchen, up against the door, with his back to the fireplace—I saw the back of his head—I don't remember being examined before at Marlboro ugh police-court—I have said before that I saw him cutting bread with this knife—I had seen him cutting bread-and-butter in the morning.
WILLIAM OFFORD (Policeman X 324). On the night in question I went to 34, Clarendon Street, Harrow Road, at about 12.5—I got through the window with the witness Jones and examined the room—I found the door locked on the inside—I found the woman on the ground—she was quite. warm—I at once sent for a doctor, who came in five minutes—the door was locked in the ordinary way, the key inside.
JAMES BILHAM . I am a surgeon, of 25, Johnson's Place, Paddington—on the night of 24th June I was sent for to 34, Clarendon Street, where I arrived at 12.10—I found the woman lying in the back kitchen on the floor—her head was then on a pillow; she was quite dead—her body was warm—I formed the opinion at the time that she had been dead thirty or forty-five minutes—she was lying with her lower parts in a pool of blood—her clothes and underclothing were saturated with blood—I examined her to see what was the matter—I afterwards made a post-mortem examination—I found a wound on the right side of the private part 2 1/2 inches in length, which could be inflicted by some moderately sharp instrument—a knife like the one produced would be likely to produce the wound—it was about a quarter of an inch deep in one part, and in one part about half an inch—
it was just on the side of the labia—I also found an incised wound about 1 1/4 or 1 1/2 inches in length, and not quite so deep, on the left of the labia—it had been cut by a moderately sharp instrument—this knife would produce it—it was about as near to the private part as the other—I found another cut on the right side of the anus; that is the back passage—that was a wound 2 inches deep, rending very nearly the front passage into the back passage; from the rectum to the vagina—the peritoneum was cut; that would be against the anus—it was like the operation for lithotomy—it was a cut that might be produced by this knife—the cuts, whether the person was lying or standing, were from below upwards—there was a very large quantity of blood from the wounds—the clothes were not cut—she had no drawers on then—she was wearing her clothes, ordinary petticoats and a lindsey dress I think they call it—I should say she was about forty or fifty—there was a large bruise on the inner part of the right thigh, high up, of recent date, as big as my fist, caused by a violent blow; a kick perhaps—there was a slight abrasion on the brow, which I thought was caused by her sliding off the bedstead on to the floor—I made the post mortem examination on the Monday—I found the breast-bone fractured; that could have been done by the knee—the cause of death was hoemorrhage in conessequence of the wounds inflicted and fracture of the breast-bone or steruum—that would help to produce death by causing a pressure on the lung and the large vessel that leads from the heart—the knife produced was shown to me on the Monday—I examined it and found a portion of hair which had been broken off in the top of the haft, I think they call it the hinge, and there were a few broken portions of hair in addition to the portion I have already spoken of—it was; human hair, not from the head, but from some part of the body—I was also shown a shirt and a pair of trousers—I examined the shirt and found the right wrist band stained with blood—I examined the trousers and found marks'of blood down the front part of the legs—they were handed to me by the inspector.
Cross-examined. It was impossible for the lacerated wounds to be caused by broken china—a lacerated wound is net exactly jagged, but it is not such a clean cut as would be made by a very sharp instrument—it was as if the instrument had been moderately sharpened—there are other instruments besides this knife that might have caused such wounds—such a wound would not be caused by the body coming into contact with such an instrument as I have described, I am sure—I have told your learned friend that the cuts were from below upwards—if the body had come against a rather blunt instrument, the edges of the wound would be turned inwards, but the wounds inflicted by drawing an instrument would be very different—I have been called upon to judge of hair for years with the microscope—it is human hair—I did not examine the prisoner.
Re-examined. I examined the whole trousers and shirt with the microscope.
By THE JURY. Hair from the head, and hair from the parts are different things.
ALLAN NUTH (Police Inspector X). I was on duty at Harrow Road police-station when the prisoner was brought in on this charge—I examined him—I produce the shirt and trousers he was wearing, which are the same that I handed to Mr. Bilham—there was a slight bruise on the prisoner's right wrist, and some marks of blood on bis clothing—I found marks of blood on the inside of his hand as if it had been washed—I found
this knife in his left-hand trousers pocket, which I showed to the doctor, with the clothing—the prisoner was charged with causing the death of his wife—he said to the witness Jones "That is the man who was in the closet with my wife"—when the marks of blood were discovered, he said that he had been working on ballast, that is, burning ballast—when in the dock, he muttered something about the blood; that his wife was in a peculiar condition which might cause the blood; but they were incoherent words, and no sense—he said she was "You know?"—I said "What is it you mean, man I speak out, and say what it is you mean"—he said "Well, she was in a peculiar state"—I said "Do you mean she was suffering from menses?"—he said "Yes, that is all"—on discovering a spot of blood on the hinder part of his trousers, he said that his nose had been bleeding.
Cross-examined. I said before the Magistrate that I found a mark on the right little finger as of blood; I had no doubt whatever, but my evidence would not be of much value.
PATRICK LEONARD (Policeman X 205). About 12.15, on the morning of 25th June, I was in Johnson's place, and the prisoner was pointed out to me with another officer—I told him I should take him into custody for causing the death of his wife—he said "All right"—on the way to the station, he said "You don't know what I have had to put up with, a short time ago, I came home and found my wife in the closet with another man; God will stand by me in this; let my brother at Acton know"—that is all he said—I should say he was sober—I cannot say if he had been drinking—he walked with me to the station, where the inspector, the last witness, saw him.
AGNES JUSKIN . I am the wife of John Juskin, a labourer—on 24th June, between 7 and 8 at night, I accompanied the prisoner and his wife home, and remained there a short time—I went out afterwards to the closet in the back-yard, and the prisoner came and tried the door, he tried to pull it open—as he pulled the door I came out, but I would not come out till I called his little girl—he did not try to do anything—the little girl came, and I went into the kitchen.
By THE COURT. That is Annie—he struck his wife out of doors, at the Spotted Oak, at about 7.10—he was the worse for drink; she had had a small' quantity; not much—he was the worse of the two.
Cross-examined. They might have had more after I left—she had had some—I did'nt see her so drunk—I used to work with her—she frequently quarrelled with her husband, when she would use very violent language—I have not heard her threaten his life—I have known her take up things to throw at him, knives and crockery; I don't know about choppers—I am an intimate friend of the family, and that is all I know.
Re-examined. I have never seen her do anything violent to him.
ANTHONY BROWNEY (Policeman X 117). In June last, I was acting as Coroner's officer—on Sunday morning, 25th June, I went to 34, Clarendon Street, and saw the deceased there—I searched the place, went into the front room, and found a brown pan, in which there appeared to be blood and water, that was not the room where the woman was lying—the bed was in the back kitchen, where the woman was, and was saturated with blood.
Witnesses for the Defence.
GEORGE EBELTHRIFT . I am single, and am the prisoner's brother—he was always an honest man, and very kind-hearted—he conducted himself extremely well—he was not addicted to drink previous to his marriage; it
is only subsequently—he was married about nine years ago, since when he has been changed in character—he had an accident, and subsequently to that he has been in the habit of drinking.
By THE COURT. He was in St. Mary's Hospital about four years, where he underwent an operation; the main artery of his left side was taken out, and when he partakes of a small quantity of drink he becomes almost mad—his age is about thirty-six.
Cross-examined by MR. POLAND. I live at Acton, and he lives in the Harrow Road, Paddington—I had seen him about three months before 24th June—I only saw him now and then; I could not get away—he did not live on bad terms with his wife, for he seemed always kind to her; but when they had drink they quarrelled—I know she was a bad temper—I have seen her throw things at him; that is nearly eight years ago—it was more tossing than throwing—when she had had some drink she picked up the mug containing the beer and tossed it at him—that was about eight years ago.
JANE EBELTHRIFT . The prisoner is my husband's brother—I knew him before I was married, and my husband and I have been married thirteen years—he is humane and kind-hearted from what I have known of him—I have frequently seen him and his wife together—he treated her very well when they have not had drink; it was simply when they had had drink that he quarrelled with her, and she with him—she was a very bad-tempered woman when she was put out; a violent woman—a few years ago I went to the house where they lived in Chippenham Mews, and she showed me a cup and saucer, and said "That is the only one I have left out of half-a-dozen I threw at his head"—when I have been out walking with her she has frequently persisted in going into public-houses.
Cross-examined by MR. POLAND. I had seen her about six months before this—she used to come to visit me, and I have been to visit them several times—the prisoner was not a violent man when he was drunk, not worse than his wife was; they were both violent when they had been drinking, and called each other names.
Re-examined. When I have been at their house they have been on good terms—I have heard how they were going on by seeing them and their mutual friends.
GUILTY.Strongly recommended to mercy by the Jury — DEATH .
FOURTH COURT.—Thursday, August 10th, 1876.
Before Mr. Common Serjeant.
322. HENRY GEORGE PEARMAN (18) , to embezzling the sums of 3l. 15s. 2d. and 2l. 17s. 9d., received on account of the Great Northern Railway Company, his masters— [Pleaded guilty. See original trial image.] Six Months' Imprisonment. And
323. DENNIS DONOVAN (20) , to unlawfully detaining a number of post letters whilst employed under the Post-office— [Pleaded guilty. See original trial image.] He received a good character— Seven Days' Imprisonment.
MR. METCALFE, Q.C., and MR. BOMPAS conducted the Prosecution; and MR. STRAIGHT the Defence.
ANTHONY JOHN WRIGHT BIDDULPH . I am a Magistrate for the County of Sussex and live at B Park—I took an active part in the Tichborne case, in favour of the defendant, and gave my evidence at both trials—I am president of the Central Belief Association—Mr. Harding is secretary—in May of the present year it came to my knowledge that an application was likely to be made for the prosecution of Lady Radcliffe for perjury—upon that I wrote letters to Mr. Kinder, Mr. East, and Mr. Guildford Onslow to protest against it—I was about to go out of town and I instructed Mr. Harding, the secretary, to attend the police-court, and if such an application should be made to remonstrate against it; and upon a second occasion I went personally in order to protest against it—the Magistrate would not hear me, saying that it was sub judice, I could not speak—on the following day I sent to the daily papers this letter; it was inserted in the Telegraph, the Morning Advertiser, and the Standard—in the letter I stigmatised the proceedings as a cruel persecution—in the daily papers of 2nd June I saw an account of the proceedings—in the Times and Telegraph and other papers I was represented as appearing through Mr. Harding, and protesting against the proceedings—on the 7th June there was a report that a summons was to be granted—application had been dismissed, and I was represented as being amongst other gentle-men upon the bench—having taken those steps my attention was called shortly afterwards, on the 10th June, to this reply in the Weekly Register. (Read: "The wretched clique of conspirators, as cracked-brained as they are malicious, the congenial friends and supporters of the thrice-perjured villian, Orton, have been doing their little worst still further to persecute one of the most amiable of gentlewomen, one who is a model of every Christian virtue as a wife and mother, but happily," &c. "The Magistrate before whom they made their unseemly exhibition, with badly-suppressed indignation, scouted their application, and they withdrew," &c, &c.) I am a member of the Tichborne family there alluded to—upon that I wrote a letter to the editor and sent to him also a copy of the letter which had been inserted in the morning papers, and extracts from the Daily Telegraph showing him that I was amongst those who opposed the application—those letters and extracts were never inserted—on the 17th a paragraph appeared in the Weekly Register. ("'Tell me what company you keep and I will tell you what you are is a saying as old as the hills, and Mr. Biddulph would do well to remember it. That gentleman writes complaining," &c, &c.) Finding my letters were not answered I communicated with my solicitor to take proceedings—during the proceedings I proposed that if the defendant would give up the writer of this libel I would discontinue the proceedings.
Cross-examined. Mr. Guildford Onslow was a member of the association, he had nothing to do with my committee, he ought to have been a member but I did not want him; we told him that he could not remain with the association—there is an association—there are several committees in London—Mr. East had been a member of our association—there is a central, Tichborne Relief Association, one that calls itself the Metropolitan Belief
Association, and there, are other committees—an hour and a quarter ago Mr. Onslow and Mr. East left my association; they had been members—Mr. Kimber had never been a member, he had been a follower of Dr. Kenealy and as such I could not admit him—I subscribed funds towards the defence of the claimant—Lady Radcliffe was called, I was not in the Court—I never told Tichborne anything about the insinuation against his cousin—I was not in Court and did not seek information on the subject—I do not call it a complete retractation of every suggestion against me which was made at the police-court by the defendant; I take it for what it is worth; kick a man and then apologise for it afterwards.
Re-examined. At the police-court I heard the counsel say "If you choose to give up the writer we will be content;" they refused, and have persistently refused.
HENRY BECKETT HARDING . I live in Fetter Lane—I am the Secretary to the Central Tichborne Belief Association—I received instructions from Mr. Biddulph to oppose the application with regard to Lady Radcliffe, and in consequence I went down to the police-court on the first occasion and endeavoured to get heard in opposition—I was present and did not get heard and protested against it on the Derby Day, in the afternoon—the Magistrate adjourned it to the 6th of June when I attended again with Mr. Biddulph and Mr. Whalley and Major Barlow I was not on the bench.
GUILTY — Fined 20l.
SELINA CANNON . I am a servant at No. 18, Drayton Park—between 11.30 and 12 o'clock on 12th June I was at the top bed-room window at Drayton Park—I saw at No. 21 a man opening the breakfast window; No. 21 is nearly opposite—there were two people, not both together, one was standing some way off; I did not see those persons close enough to recognise them—I ran for a policeman.
CHARLES PASSMORE (Policeman Y 413). I was called by the last witness—I saw the prisoner and another man coming towards me, walking towards the Hollo way Road, away from the direction of No. 21—I took him into custody—he said "What is the matter?"—I said I wanted him—I took him back to No. 21—he said "I know nothing about it, I was only passing"—the other man parted with him when he saw me—he said something to, the prisoner, turned up the road, and escaped—I took the prisoner to the station—on the way somebody in the crowd shouted out "Look out, policeman, you will have one"—I looked at the prisoner's left arm; he had got this jemmy (produced) in his hand—I seized his left arm and took it from him—I asked him where he had got it—he said he had picked it up as he was passing—I have a bradawl and wedge (produced) found on the prisoner at the station—I went back to No. 21, Drayton Park and then to No. 18, where fitted the jemmy to some marks made on the parlour window on the ground floor outside; those marks corresponded to this instrument; there did not appear to have been much violence used.
Cross-examined. The servant is not here from No. 21—I do not know her name—she was a foreigner, and I could not understand her—her
master and mistress were not at home then—there were no marks on that window.
SELINA CANNON (re-called). I was there when the constable came and compared the marks with the jemmy he had found—my mistress and myself were sitting in the upstairs room on the Friday before, and we heard some creeking noise.
ELLEN TAPLEY . I am servant to No. 19, Drayton Park—shortly before 12 o'clock on the 12th of June I was cleaning the drawing-room window—while doing that I saw opposite to No. 21 a man, not the prisoner, standing outside the rails—he remained there two or three minutes—I next saw the prisoner come up from the area steps from No. 21, next door, to see the man that stood outside—the prisoner went up the road, and shortly afterwards they came down again—there was a policeman in sight; they separated, and this man was taken into custody.
Cross-examined. I am quite sure this was the man—my attention was not more directed to the other man—at the police-court I said that he looked at me sly several times—that is why I watched him—I thought there was something wrong by his standing there—I was taken to the police-court to identify the prisoner—I saw him there with a lot more; he was sitting with his back towards me, but when I went in he turned his head—he was looking downwards—the inspector told me to walk all round and see if I could recognise the prisoner—the inspector did not speak until I said "This is the man."
MARY DELLSCHAFT . I am the wife of Adolphe Dellschaft, and live at 21, Drayton Park, Holloway—on 12th June, I went out between 11 and—12 o'clock, and returned at 2.20—I had left my silver watch over the mantelpiece, hanging on a nail in the breakfast-room—I had left the top of the window open a little that morning—when I came home I did not find my watch—there was a teacaddy in the room—I had left that with the lid down—when I came back I found the lid open—I had left nothing inside it but tea.
Cross-examined. I left my servant Maltilda Harriotson, in charge of the house—she is not here.
The Prisoner's Statement before the Magistrate was that he met the man who asked him to hold the thidgs.
GUILTY — Ten Years' Penal Servitude.
MESSRS. POLAND and STRIGHT appeared for the Prosecution; and MR. BESLEY for the Defence.
In this cast exception was taken to the second count of the indictment on the ground that in accordance with the extradition treaty the prisoner had been given up by the French Government for a special crime, that of forgery, and not for uttering. It was admitted that there was not sufficient evidence to establish the forgery, and THE COURT held that the prisoner not having been extradited for "uttering" he must be acquitted.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; and MR. W. SLEIGH the Defence.
a carman—on 29th June, I went to the Central Bank to cash a cheque, and in exchange they gave me eight 5l. notes, with consecutive numbers, 03721-03728, dated 20th March, 1876—I placed them in a pocket-book—there was in that pocket-book a memorandum-book, and my name and address were written in fall on the outside—I fastened it with the keeper when I put the notes in—it could not be opened without my address being seen—I put the note-book in my breast pocket while inside the bank—I went up Cornhill, through Leadenhall Market, to Fenchurch Street Station, and to the West India Docks—when there I missed my pocket-book, together with the notes—I then gave information to the police, and went the next morning to the Bank.
Cross-examined. The strap that went into the pocket-book was a common piece of leather, running through without any buckle or fastening at the end, and the keeper was a cross piece of strap—it was not a new book—I had the pocket-book seven years—the size of it was about six inches by four—it had one pocket—if there was much in it, it would bulge out—the memorandum-book was fixed in the pocket-book, and belonged to it, it had been in the pocket-book seven years; it was made and bound up in the pocket-book—there was other writing in it besides my name and address, pencil marks, figures, and so on.
Re-examined. It was a common pocket-book with the memorandum-book in it—on the outer leaf of that was my name and address, as distinct as the day I had first written it.
HENRY RIDEWOOD . I am a clothier—the prisoner and another man came into my shop—he wanted a frockcoat and then a waistcoat, which I sold him, and for which he tendered a 5l. note numbered 03727—I handed the note to the cashier, and in the usual course paid it into the bank—I asked his name and address—the name "Driscoll" is written upon it.
JOHN POWER . On 29th June the prisoner showed me four or five bank notes; I did not see where he took them from; he said nothing about them, only that he wanted me to do him the favour to change one or two for him—I went with him to the last witness', to Mr. Lowther's—I saw him change one of the 5l. notes between 5 and 6 o'clock in the evening—I saw the notes in his possession—he sent to my place for me and I went to him at his place at Bermondsey—I next went to a licensed victualler's named Elwood—I got change for a note, but I will not swear to the number—I next went to Mr. Trusta's—I cashed one also at a place in the Borough—I went to a detective and found where the notes were changed—I changed three and one the prisoner changed—I saw no pocket-book or memorandum-book.
Cross-examined. Mrs. Elwood had known the prisoner as a respectable man; he had four children; there never was anything against his character—I did not tell him I should put his name on the note, but of course it was not mine and I should put his name—he is a badly educated man—I saw him sign his name at the clothier's—I did hear him some week afterwards say he had never seen such a thing as a bank-note before—he lives at 18, New Street, Dock Head—the signature produced is something similar to his usual writing as far as I know; it was written at the clothier's—on 29th June, after he had his new clothes, we parted company between 8 and 9 o'clock at night—I did not see him for three or four days afterwards.
FREDERICK LAWLEY (City Detective). I received information about the loss of these notes and went to the prisoner's house on 18th July—shortly afterwards the prisoner came in—I told him I was a police-officer and had come to make some inquiry about some 5l. Bank of England notes he had been dealing with—he said "I know nothing about any Bank of England notes at all, I have never seen them"—I said, pointing to the witness Power who was present, "Yes, you have, you went with this man to Mr. Lowther's in the Borough and purchased a coat and waistcoat, and you have also given him several others to pass away; there are eight of these notes, what have you done with the remainder?"—I traced four of them—he said "They are all gone, the public gave them and the public have got them again"—I said "What have you done with the pocket-book?"—he said "I gave it to the children"—I said "What have they done with it?"—he said "They have been playing about it"—I said "There was the name and address on the pocket-book of the loser of the notes"—again I said "Where is it?—"Oh," he said, "it is burnt"—the wife, who was then present, said it was burnt—he said "I have never seen a bank note before in my life, I did not know the value of them"—I replied "Well you very soon found out the value of them, for you changed two or three of them the same night that they were lost"—he said "I am very sorry; if I had known they belonged to a poor man I would have taken them to him"—he was taken to the station—I searched his house and found 7l. 10s. in gold—I have made inquiries about him; I believe he is a hard working, honest man, I have heard nothing against him—I did not know that his wife was a needlewoman—she said that the 7l. 10s. belonged to her and it was her own earnings as a needlewoman, that she had earned it at different places; she could not give me the name of anybody from whom she had received it—I think the prisoner is an uneducated man.
Re-examined. The prisoner said Power had changed some notes and his wife had changed the rest.
The Prisoner put in a statement that he picked up the booh and gave the notes to the man to change.
GUILTY—Strongly recommended to mercy. On handing over the 7l. 10s. to the prosecutor, the prisoner was discharged on his own recognisances in 20l. to come up and receive judgment when called upon.
OLD COURT—Friday, August 11th, 1876.
Before Mr. Justice Archibald.
MR. MILLWOOD conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
SABINA FOY . I am the wife of Thomas Foy, and live at 46, Payne Street, Islington—on Saturday, 10th June, between 6 and 7 o'clock in the evening, I was trying to detain some lodger's goods that were being removed—the prisoner came from his own door across to my door to help the person to take away her goods—his wife was with him—my husband told him to mind his own business, and not interfere with him, and the prisoner asked him out to fight; they did not fight that night—on Sunday morning I
heard the prisoner from 7 to 9 o'clock calling out "I have been waiting for you since 5 o'clock"—at 9 o'clock I went up to the street door to get the milk—I lived in the kitchen—I saw the prisoner standing at his own door—his sleeves were folded up; he said "You b——Irish b——, send out your b——husband, and what I did not give him last night I will this morning"—I said my husband was in bed and asleep—my husband afterwards came to the door with his coat on his shoulders, and his trousers and boots on—the prisoner told him to come out, that he wanted him, he would warm him, that he was the greatest enemy that he ever had, and he would be a greater one—Cole came from his door, and my husband came down the steps from his door, and they met in the middle of the road—Cole then struck him in the chest with his fist, and my husband struck him on the side of his eye—Cole, then grasped him in his arms and gave him a trip, and both fell on the kerb, and he came heavily against the edge of the kerb; he was more underneath, and then he turned over on his side—I ran and put my arms round my husband's body and picked him up, half on his knees—Cole was lying on his (right side, and he put out his right leg and kicked him with the flat of his boot right in the bottom part of his stomach—my husband turned as yellow as the yelk of an egg, and I stamped my foot and said "Oh, you brute"—he was making a second attempt and the police came down the street, and I took my husband indoors—the prisoner stood on the step of his door and said he would give him another warming before the day—my husband was afterwards taken to the hospital—I was wearing a pair of thin slippers that morning; I had no boots or stockings on—I had just got out of bed—I did not strike Cole; I screamed for the men that were laughing around end prayed them not to let them fight.
Cross-examined. I do not know that my husband had been twice convicted of assaults—he was fined 5s. for having a drop and putting a plank through the window—Eliza Stamp was the name of the young woman who was removing her goods—Cole did not come over to protect her, but to help her take the goods away—some woman struck her—my husband did not say to Cole that he would tap at his window at 5 o'clock on Sunday morning and have him out to fight; he said he would meet him on Sunday—he was in bed at 10 o'clock on Sunday morning; he was up at 9 o'clock—he came out with nothing on but his boots and his trousers, and his coat slung across his back—he did not strike the first blow; I swear that; he struck the second—I did not take his coat from him; he threw it off his shoulders, and I picked it up and put it on the railings, and they met together in the middle of the road—I suppose he was stripped for fighting—he was not a bigger man than Cole—he fell to the ground after there had been two blows; a blow each—they fell together, Cole on the top, and then my husband rolled over and got Cole under him—I did not kick Cole while he was lying under him; I ran to help my husband up—I saw Mr. Shellard standing at his own door—no one but me helped my husband up; no man did—I saw Tischmer, the policeman, there—my husband, when he got up, did not in his presence challenge Cole to fight again; he was doubled together, and said he had got his death blow—he was not able to stand—Cole said if that gentleman (the policeman) was gone he would fight again—the policeman told my husband to go indoors, and Cole also—my husband was sober.
PETER FOY . I am the son of the deceased, and lived with him at 46, Payne Street, Islington—on Sunday morning, 11th June, between 9 and 10 o'clock, I heard the prisoner calling out; I listened, and heard him call
again—my mother went up to the door to get the milk, and she was speaking to Mr. Cole—I then heard my father stumbling about the floor, and I got out of bed and ran upstairs; he was upstairs about a minute before me, and when I got to the street door I saw him and Mr. Cole lying on the ground—my father was on the top; he had just rolled over—mother ran to pick him up; she got hold of him round the waist, the police came up, and Mr. Cole and my father got up—Cole walked over to his door, and father came over to his door—he walked across to the door; he did not walk very upright—the prisoner stood at his door and said "When that gentleman goes I will give you more, what I did not give you last night I. will give you to-day; you are the greatest enemy I have had for this twelve months"—I did not see my mother kick; it was impossible for her to kick.
Cross-examined. She could not kick him in the bottom of the stomach because one was on the top of the other—father was getting up and mother had hold of his waist; she was excited and angry, she called the prisoner a brute—I have lived with my father and mother all my life—father was convicted twice of assaults, one was a mistake, it was through me, he was taken out of his bed for nothing at all, and the constable got a reprimand for it—I did not see a man pull my father off Cole—I did not see Mr. Shellard there, I saw Mr. Mitchell on the kerb—I was in bed when I heard mother talking rather loudly, and she said "My husband is in bed and asleep, and he don't want no rowing with you"—I did not hear her call any names—the prisoner is a teetotaller—father was not—I know nothing about the Saturday night, I was at home; I did not see my father at 11 o'clock on Saturday night, I saw him at 12.15 in bed; he was not drunk—I heard mother say he was not sober at 11 o'clock, she said he had had a little drop—my mother had not his coat in her hand when the fight was taking place, it was on the railings where he threw it; I saw him throw it there—if you want the plain truth I did not see him do it, but you cross-question me so you make one say anything—my mother had not my father's felt hat in her hand, I did not see her strike Cole with it in the face; I swear that—I saw the hat afterwards in the kitchen—I did not hear my father challenge Cole to fight when the policeman was there; I did not hear Cole say "It is not likely while that gentleman (the policeman) is standing there;" he said if that gentleman went away he would give him more—my mother was struggling with her arras round my father to pick him up—the first thing I heard was when my mother went up to get the milk and then Cole called out to my father.
MARTHA FREWIN . I am the wife of Thomas Frewin, of 46, Payne Street—on Sunday morning, 11th June, about 9.20, I saw Mrs. Foy—I heard the prisoner calling out at his own door "Where is your b——husband? I have been waiting for him since 5 o'clock this morning; what I did not give him last night I will give him this morning"—Foy came up to the door and said "Do you want me?"—Cole said "Come on, I have been waiting for you"—they both met in the middle of the road and Foy struck Cole in the eye, he struck first, and then Cole struck him back in the chest and they closed together and fell sideways. Cole underneath and Foy on the top—the police came up, and Cole went into his house and Foy into his.
Cross-examined. There were a few words on Saturday night, Foy was the worse for liquor then, I saw him about 10.30 going to bed—I live in the same house—Mrs. Foy and Cole had some words between 7 and 8 o'clock
about a lodger in the front parlour—my husband was down in the area trying to keep Cole and Foy from fighting—Mrs. Foy was sober, she is a teetotaller—on the Sunday morning I saw Mrs. Foy kick Cole once in the side while her husband was on the top of him, and she called him a brute, the crowd then got round and I could see no more—there had been a ring of men standing round—Mrs. Foy was excited and angry while she was on the door step and Cole calling to her, that was the beginning of it; she was abusing Cole—Foy came out in an angry state as if he meant fighting—he was a great, big man, a larger man than Cole.
CATHERINE CONNOR . I am the wife of John Connor and live in the same house as the deceased—on Sunday morning, 11th June, about 9.30, I saw Mrs. Foy go up to her door to get the milk, and I saw Cole on his own door step putting out his bird—he spoke first and said" You b——b——, where is your b——husband this morning; I have been waiting for him since 5 o'clock this morning; what I did not give him last night I will give him this morning"—directly afterwards I saw Foy come up, he said "Do you want me too, Mr. Cole?"—Cole said "You are the very man I want"—Foy had his boots and trousers on, and his coat was over his shoulders, and they both met in the middle of the road—Cole struck first and Foy struck him back, they closed and fell, Cole underneath and Foy atop, and Mrs. Foy came and put her arms round him—she asked to or three of the men to part them, and they only laughed—I saw Cole kick Foy, and I said "Oh, you brute"—the policeman came up just as they were finished—Foy went up his steps and into the passage, he could hardly walk along the passage, his wife and son took him down, and when I went down I saw some blood in the chamber.
Cross-examined. Mrs. Foy was not at all angry on this morning, no more so than Mr. Cole; she did not abuse him or use bad language, she was speaking quietly, like a decent, respectable woman—when Cole was down I saw her raise her foot and stamp, I did not see her kick him—we have talked this matter over since—she told me that she stamped her foot and called him a brute—I said before the Magistrate that I saw her make a kick—I did not go to sign my deposition, as my husband had given me a black eye, and I could not go—no one but Mrs. Foy helped Foy up—lam sure of that—Mr. Shellard helped Cole up.
Cross-examined. I gave evidence before the Coroner—the first I saw of this on Sunday morning, was the deceased and the prisoner fighting in the road; it was a fair stand-up fight—the deceased was the stronger man—I saw them fall, Foy undermost, but he worked himself on the top of Cole; I saw and heard all that took place—I saw Mrs. Foy go up and make a kick at the side of Cole; I could not be sure whether the kick reached him or not—she had a billy-cock hat in her hand, and she struck Cole over the face with it repeatedly—I did not hear her call any names—she was very violent, and seemed to be joining in the fray—the men then closed round and pulled Foy off Cole—Cole was trying all the while to get away; Mr. Mitchell went to help him up—I heard Foy call out to Cole "Have you had enough, come out?" after" they had got up and separated; the police-man was there and heard it—Cole replied "You don't think I am coming out to fight while that gentleman is standing there"—Cole did not make a kick at Foy; I am positive of that—the kick that Mrs. Foy gave might
have missed Cole and kicked the deceased in the stomach—it was a violent kick, and not one but several—I am positive of it—on the Saturday night after the quarrel about the lodger, I heard Foy say to Cole that he would tap at his window at 5 o'clock next morning—I have known Cole about seven years as a sober, well-conducted man—the deceased was a quarrelsome ill-tempered man when in drink; I don't think he had quite recovered from drink on Sunday.
Cross-examined. I was called before the Coroner—on Sunday morning, about 9 o'clock, I heard Cole and Mrs. Foy quarrelling—she was calling Cole and his family all sorts of abusive and filthy names, the lowest names that could be called—Cole said "Why don't you pay for the bread you owe?"—I believe Cole is a teetotaller—I have known him eleven or twelve years; he has always borne the character of a sober well-conducted man—I never saw Foy but twice, I am a good deal from home of an evening at, different societies I belong to—Foy struck the first blow on the Sunday morning, and they closed and fell, Foy uppermost—I saw Mrs. Foy with a felt hat in her hand; she struck Colo with it in the face several times, and I saw her kick two or three times—one kick I know caught the prisoner—that I can swear to—she appeared to be in a dreadful passion—if the kick missed Cole, it would have caught Foy in the stomach; he was in a stooping position over Cole—the kick was straight in the direction of the lower part of his stomach—she was helping her husband to fight Cole; I was on the door-step close by—I saw the whole of it—Cole did not kick Foy—he could not have done bo from the position he was in—he never attempted to kick him, I swear.
By THE JURY. Cole had on his waistcoat, neck-tie, and collar; he was only deficient of his coat—I did not notice his shoes, or whether he had slippers or boots on.
R. SHELLARD (re-called). I did not notice what shoes he had on.
Cross-examined. He said that he had himself received a kick in the eye, but he could not say who it was—I have known him two or three years—he is a very quiet, sober, respectable man—the deceased was very quarrelsome when in liquor.
NOT GUILTY .
MR. TICKELL conducted the Prosecution; and MR. CRISPE the Defence.
WILLIAM THOMPSON LYTHE (Police Sergeant 41). At 12.30 on the morning of 1st August, I was in Copenhagen Street, Islington, with another policeman—I heard cries of "Murder" and "Police" proceeding from the Regent's Canal, which was about 150 yards off—I ran down Bath Place, and saw a child lying on the towing-path, and the prisoner struggling in the water—I laid down on my belly on the towing-path, and got hold of the prisoner as she rose up out of the water, and dragged her to the side, and with the assistance of the other sergeant, pulled her out—I then examined the child, it was about fifteen months old—it was drenched—the prisoner was unconscious when she was pulled out, and remained so
about five minutes—she then said "I took the child into the water with me, but it would not stop down, so I threw it out"—the child was not unconscious, it was crying—I took the prisoner to the station, and got some dry clothes for her, and sent for a surgeon, and he ordered her to be taken to the workhouse infirmary—she came out three days afterwards—the towing-path along the canal is the private property of the Regent's Canal Company—there is no road or path down to it; but the railings there are broken, and a person could get through—I believe the prisoner is married—her husband is here; she did not say that it was her child, but she said its name was John, and it was six months old.
Cross-examined. The towing-path, is used for horses, but this was 4 feet higher than the towing-path, and there are railings, which are broken down at one place, and there are gates at diffierent places, but I think they are locked during the night—the prisoner was not excited when she come to herself—I said "You had better tell me where you live and I will take you home," but I made no allusion to the child—she was very weak, and I had to carry her home; she was half-drowned—I saw no horses on the towing-path, there was a barge, which had passed her without stopping, and they must hare seen her in the water—I cannot say that the cries did not come from the woman herself; it was a long distance—the other constable assisted me, he is not here—I was there first—the woman was striking out, and she went down in the water; I laid down on my belly and got hold of her.
NOT GUILTY .
WILLIAM T. Lythe repeated his former evidence.
GUILTY.Recommended to mercy by the Jury — One Month's Imprisonment.
NEW COURT.—Friday, August 11th, 1876.
Before Mr. Baron Pollock.
MR. RINGWOOD conducted the Prosecution; and MESSERS. GRIFFITHS and WOODGATE the Defence.
NOT GUILTY .
MR. BRINDLEY conducted the Prosecution; and MR. M. WILLIAMS the Defence.
NOT GUILTY .
MR. SAFFORD conducted the Prosecution.
JOSEPH PURCELL . I live at 1, Glasshouse Street, and the prisoner lived in the same house, the bottom room and the middle room—she is a widow—on the 12th July, about 3 o'clock in the afternoon, I was passing by her door, where she was standing, and she said "Joe, you stand me a pot of beer"—there were two other women there, one sitting down and the other on the bed asleep—I said "I can't afford it," and she said, as I was going upstairs, "You old b——r," and she knocks me down and knocked me silly—she had a glass in her hand—I ran to get a policeman and gave her
in charge—I was bleeding from my head, nose, and the back of my neck—I did not see what happened between her and the policeman.
Cross-examined by the Prisoner. I did not come to your room looking for my wife and put my hand to your door—my wife was upstairs in my own room sitting down and was half drunk.
JAMES IRVING (Policeman N 472). I was called by the last witness to the prisoner's house; he was bleeding very much from the lip, nose, top of the head, and back of the neck from the cuts—I told the prisoner I should take her into custody for assaulting Purcell—she said "You s——you want to lock me up"—she made a blow with a sack needle in her hand—she was sober—I had to get the assistance of another constable—she was very violent and had to be thrown down—going to the station she said "He has been provoking me all the morning, I did do it"—there was blood on the doorstep inside the passage and on the pavement—I found this salt cellar, broken as it is now, inside her room door, and after I took her to the station I found this knife (produced)—there was blood on the salt-cellar and hair; I could not see whether it was blood on the knife, but there is some stain on it—Purcell was sober.
Prisoner. I was working and had a needle in my hand and it went through his thumb accidentally. Witness. It is not true; she made a blow and it went into my thumb.
DR. FRANCIS BURTON . I am a member of the Royal College of Surgeons, and lived at 2, Spital Square, at the time of this occurrence—I went to the prosecutor at the Leman Street police-station and examined his wounds—there was a very deep wound on the upper lip, from one side of the mouth to the other, and several smaller wounds on the scalp—the wound on the lip extended into the nose, it was partly incised and partly lacerated; I should say it was done by a sharp instrument, a blunt knife would cause it—the wounds on the scalp were more likely to be produced by the salt-cellar.
The Prisoner's Statement before the Magistrate read:"I was putting up with his insults all day, and I didn't resent them; he was drunk all the morning. He burst in my door, and I said 'Go out.' He said 'I will burst you in with a kick before I go out.' He had been bleeding from the nose at that time. I put my hand to him to shove him out and he made a kick at me, and I put up my hand with the palm in it and hit him in the face with the palm. I did not use a knife or a glass."
Prisoner's Defence. I work with a palm, making sacks. When he came to the door I said "Will you go out? your wife is not here." Using a bad expression, he said "I will burst you with a kick." I said "I don't mind, you don't come in my place." All the morning he had been knocking and beating his wife about, and he was bleeding from the nose at the time he came into my room. He broke the spring lock in and I put my hand out, and he up with his boot and there is the print of the nails of the boot all over my arm. I received the two kicks on my arm. I took my hand and I had the palm in it and I hit him with the palm and nothing else.
GUILTY of unlawfully wounding — Twelve Months' Imprisonment.
FOURTH COURT.—Friday, August 11th, 1876.
Before Mr. Common Serjeant.
337. HENRY DYER (29) , to burglariously breaking and entering the dwelling-house of Sarah Silver and stealing therein a pair of boots— [Pleaded guilty. See original trial image.] Six Month' Imprisonment.
338. CHARLES WILKINSON (32) , to embezzling 12l. 6s. 10d. of George Noon and, another, his masters, after a previous conviction of felony in 1875— [Pleaded guilty. See original trial image.] Fifteen Months' Imprisonment.
339. GEORGE JAMES COCK (35) , to unlawfully obtaining by false pretences from Frederick Weston 5s. and 15s., with intent to defraud— [Pleaded guilty. See original trial image.] Six Months' Imprisonment.
MR. TICKELL conducted the Prosecution.
ELIZA MARDEN . I am housekeeper to Sir Charles Foster, of 38, Queen Ann's Gate, Westminster—on Sunday, July 16th, I went to bed at 11 o'clock, leaving the house securely fastened; the dining-room was the last place I looked at—I saw everything safe there, and the clock on the chimney-piece, the sugar-basin in the middle cover of the sideboard, the, liqueur stand was on the top of the sideboard—there was a barometer in the hall; some coats were hanging in the passage; the dining-room door was shut—before 3 a.m. we were awoke by a noise, which we thought was outside—shortly after I heard another noise, and immediately the front door bell rang—I looked through the window and spoke to a constable at the door—he said "Come down"—I went downstairs accompanied by others—I saw the front door window open—a police-sergeant and constable were with the prisoner Harvey standing at the front door—I saw the liqueur-stand by the front door, and also the clock, tied up in a green table cover; two pairs of boots were also in the hall and two coats, which had been removed from the passage—the other articles came from the dining—room—we went into the dining-room and found it all in confusion, the sideboard, cupboard, and drawers were broken open—the window had been opened, and the shutters forced open, and part of the bar forced off—the window looks into the garden—that window was closed before we went to bed, and the shutters barred—the white window blind had been cut'; the clock was tied up in a green table-cover, but the ornament on it had come off—it used to be kept on the chimney-piece—I identify this liqueur-stand and sugar basin (produced) as the property of Sir Charles Foster.
Cross-examined by Ellis. The key of the front door was on the inside.
6 yards off; they had no boots on—we gave chase, and Harvey, who was behind the other two was soon caught—just before getting up to him he threw away the sugar basin—he was taken into custody, and from information I received, I took him back to Sir Charles Foster's, and rang the housekeeper up; the front door was open—I got a light and found things exactly as described by the last witness, the new clock was tied in a tablecover; the barometer, chandelier, tablecloth, two coats, and other, things were on the floor—I charged Harvey with burglary—he said "Well, we had a cab waiting, and if we had gone through Queen's Square and down Dartmouth Street, we should have missed the police"—I found two pair of boots in the hall, one pair of which Harvey owned—the house had been entered by forcing the dining-room shutter—this hinge (produced) had been forced from the shutter—the blind had also been cut off across the bottom.
Cross-examined by Harvey. I did not caution you when I took you—before you made the remark I charged you—I have the boots here.
CHARLES MILLS (Police Inspector B 273). About 2.30 on this morning, I was on duty in Victoria Street—I heard someone shout '"Stop thief," and a minute afterwards saw Ellis running by himself from the direction of Broadway—I called on him to stop, he refused to do so, and I drew my truncheon and knocked him down and took him in oustody—I found these articles (produced) upon him—he said "If you take me back to Sir Charles Foster's you will find my mate in custody"—he had one boot off, and the other on—I took him back.
Cross-examined by Ellis. The other boot was found near to where I stopped you—I saw another man about 25 yards behind you; he turned just as I saw him—I did not caution you before taking you back.
ELIZA MARDEN (re-examined). I identify this hat as Mr. Charles Foster's, he is the eldest son of Sir Charles Foster—it was safe in the passage before the occurrence—about 7 o'clock on Monday morning I found an old hat in the passage, which I took to the police-station, and then found Mr. Charles Foster's hat there.
Cross-examined by Harvey. I know the hat by the name of the makers, Chapman & Co.
Harvey, in his defence, said that he saw the door open and the things tied up and walked in and was going to take them, and thought he saw somebody and ran out, and that he was innocent of the charge.
HARVEY further PLEADED GUILTY to a previous conviction at Clerkenwell in February, 1875, in the name of William Kelly.
HARVEY**— Seven Years' Penal Servitude.
ELLIS— Five Years' Penal Servitude.
MR. BEASLEY conducted the Prosecution; MR. MITRA appeared for Ryan; and MR. BESLEY for Boydell.
of the public-house in Lower George Street—I noticed the two prisoners there—the people were drunk and quarrelling and using bad language—I know Boydell by name and Ryan by sight—Boydell was dressed as he is now, in a fireman's uniform—I went to the crowd; they were quarrelling—I asked them to go away—they did not go—I repeatedly asked them to go—they persisted in stopping—I told them if they did not I should have to take one of them in custody—they said they would not go—they used bad language—I got hold of a man in the crowd, but not one of the prisoners, with a view of taking him in custody—Boydell then got hold of mo behind and got between us—I said "Go about your business, do not interfere with me in the execution of my duty"—he said "You shall not take this man in custody while I am here"—I again got hold of the same man, and Boydell pulled him away again; he did so three times—I again got hold of the man—I told Boydell "If you lay hands on me again I will take you to the station instead of the other man"—Boydell did not reply—I got hold of the man again, and Ryan got hold of my collar behind and threw me back—Boydell was standing near—I received a blow behind my ear while falling—I could not see who struck the blow—I was kicked at several times—I did not feel the kicks at the time—I know that Ryan struck me—I had a good opportunity of seeing him—he caught hold of me in the crowd—I saw him distinctly—they kicked at me and then ran away, all except Boydell—they left me on the ground—they ran down Union Place, which is about 150 yards away—I ran after them and caught them—I drew my staff—I took hold of the same man I was before taking in custody—the people who had ran away then made a rush at me and I was then thrown on my back—I heard a cry "Kick the b——'s guts out"—I don't know whose voice it was—Ryan then kicked me on the head—I had several more kicks beside at the same time—I could not tell who the others were—then they left and ran away—I am quite sure that Ryan kicked me—I was left there—I got up and walked out of Union Place—I could not see for blood—two other constables assisted me to the station—I was covered with blood—my helmet was broken to pieces (produced)—I knew both the prisoners—I knew several of the others by sight—I had spoken before to Boydell, and knew Ryan by sight—my clothes were torn.
Cross-examined by MR. BESLEY. This was shortly after 12 o'clock on Saturday—there had been a fire before on that night—I do not know whether Boydell was a paid agent of the Fire Brigade—I was in the habit of leaving him my jacket in the Pimlico fire-station; I had been good friends with him—upon this particular occasion, before anything happened to me, I was not talking to Boydell near the George—I was so ill that a Magistrate came and brought a prisoner in my presence for me to make a dying declaration—Boydell was not brought—I did not say anything on 26th of June against Boydell—there were two matters; one outside the George public-house in Lower George Street, and the other outside a shop in Union Place—when the persons ran away from near to the George public-house Boydell was left there in the street, and never followed them at all; he was not present at the violence in St. George's Place—Union Place goes off by Sloane Square Railway Station, and Lower George Street is on a line with Sloane Square—I do not think it is more than 150 yards from the George public-house to the place where I received the injuries—I know Ryan by sight—I knew a man named Bow, and one named Kelly; it did not begin by those three men jeering me—I took a man in custody; I do
not know the man by sight—Boy dell did not say "Do not be a fool, let the man alone"—Boydell was the worse for liquor; he did not. say "Take my advice, and let the man alone"—Boydell pulled me back three times and got between us—when making the dying declaration I was not questioned about Boydell; I was before the Magistrate on 18th July—my deposition at the police-court is correct; it is correct that Ryan pulled me down—I cannot say that Boydell ever struck me.
Cross-examined by MR. MITRA. They never kicked me; I was not kicked in Lower George Street—I could not say who made the disturbance; I took one in custody—I took him because he was one of the ringleaders; he was quarrelling—Ryan was there—the fireman and Ryan both tried to prevent me taking him in custody—Ryan got hold of my collar and kicked me on the back; he was the man that threw me on my back in George Street—I said that they kicked at me in George Street; they did not kick me—I do not know who it was—Ryan tried to knock me down in George Street, and he got hold of me and threw me on my back, and then they ran away, all except Boydell—I followed them and apprehended them in Union Place—there were five or six persons there; I am quite sure they are the same persons—there were five or six in George Street—I was knocked down in Union Place; Ryan caught hold of my collar—I could not see who knocked me down; I fell flat on the ground—I saw who kicked me; I saw Ryan close to me when I was on the ground I could see him—they were kicking me on the head; I saw it and felt it too—I knew Ryan before—I cannot say where he lived; I believe he lived by Union Place—I cannot be mistaken—I only know him by sight; I do not know what his business is—. I knew several of the others by sight.
Re-examined. I have been on that beat six years perhaps—I have no doubt Ryan is the man who threw me down in Little George Street.
JAMES ZILLWOOD . I am a lamplighter of Lower Sloane Street—on Sunday morning, 25th June, I left my house at 1.15 to put the lights out—I went into Lower George Street to call my brother, who is also a lamplighter—on my way I saw a disturbance by the George public-house—there were about five or six people there; they were very noisy—I saw Goodgame there; he asked them in a polite way to go away, they would not—then the fireman came up; the constable was pushing the people away—the fireman said "You shan't take them into custody while I am here;" with that the constable tried to get away from him to take one Of them, and the fireman pushed him down—I saw Ryan there and saw him strike the constable with his fist on the neck, rather forcibly—this happened opposite the George Inn, not at Union place—I never knew Ryan before, I am quite sure he is the man who struck the policeman on the side of the head with his fist—several others kicked at him—I saw no more blows or kicks there—the only blow was one which Ryan gave him near the George—the constable got up again; the policeman was not down when struck—it was before he fell that Ryan struck him—he did not fall from that blow, he fell by the fireman pushing him before that—he got up again and then he was struck—they all ran away but Boydell, who did not move—the constable got up and ran after the others, I followed behind—they ran down Union Place; about 150 yards off; I came up to them—when they got together again, about four of them, attacked the policeman and threw him down and kicked him—I saw Ryan there; the other three ran away and Ryan with them—in Union Place the whole of them kicked him, about four of them—I
knew none of them but "Ryan—Ryan kicked him after he was on the ground—I saw Ryan running; Ryan said that if I followed him I should thoroughly get it; that was after the assault in Union place—they left the man on the ground; I ran after Ryan, he ran down Sloane Square—I picked up his hat (produced), I saw him drop it—he said "If you follow me I will b——well kill you;" he got away—I held his hat and went for another constable; I went away—I had not seen Ryan before—my son, Henry, was with me the first part, but not the latter part of the time.
Cross-examined by MR. MITRA. Church Street is about 50 yards from where I live—if there was any disturbance I could hear it, and hearing a disturbance I came out—I saw Ryan and others whose names I cannot mention—I say Boydell and the constable who was trying to persuade them to go home—they were a little intoxicated; they were quarrelling together—the constable was trying to get them away and they would not go; he tried to take them both into custody, he only seized one—they tried to prevent him and struck him; this was in Union Place—the constable was down and while down the people kicked him—they did not kick him in George Place, but in Union Place—then he got up again and ran after the three persons; they ran to Union Place—the kicking on his forehead was in Union Place, where the three men ran away—I ran for assistanse and when I came back I did not see the second disturbance—I saw Ryan at Union Place and the three making the disturbance the same as in George Street—I did not see the fireman knock the constable down in George Place; he never moved—I saw Ryan in Union place; I did not know him before; I was too close to him to be mistaken; I know he is the man by his features.
Re-examined. I am quite positive I saw Ryan in Union Place—I took up his hat at the corner of Union Place about 20 yards from the scene of the occurrence.
HENRY ZILLWOOD . I am the son of the last witness—on the morning of 25th June I left his house with him—there was a crowd outside the George; amongst them were Ryan and Boydell—I saw the constable there; he was asking the crowd to go away—they said they should not go—he went to take one of them in custody—Boydell said "You shall not take him," and pushed him several times, and then the policeman went to take the man a second time and Boydell pushed him again, and then Ryan struck the policeman behind the ear with his fist—the crowd set on kicking the constable; they did kick him—then the men ran away up George Street to-wards Union place—the constable got up andran after them, and I ran as well and went up to sloanesquare and got assistance—Boydell stopped where he was in George Street, opposite the public-house—I did not go down Union Place.
Cross-examined by MR. MITRA. I came out with my father; I was going to work with him—I saw the disturbance near the George; there were six or seven people all together—the one that the policeman was trying to take was intoxicated—I cannot say if Ryan was intoxicated, but I think the other man was—Boydell interfered with the policeman taking the men in custody—the policeman was not assaulted at first, he was knocked down in George Street by Ryan, against the wall; it is true that he was knocked down in George Street.
JOSEPH SMITH . I am a tailor of 19, Church Street, Chelsea—I was in Lower George Street on this morning—I saw about a half dozen persons outside the George public-house; they were making a disturbance, some of
them appeared intoxicated, they were using bad language—I saw the prisoners there and Goodgame, who asked them several times to go away; they refused, and one of the men was more abusive than any of the others—I did not know his name—the fireman interfered to prevent him three or four times and pushed the policeman back—shortly after the policeman was knocked down among the crowd, I do not know by whom, when down two or three persons kicked at him; I cannot say who kicked him—he got up, they ran away, and he ran after them, all except Boydell—I followed as far as Sloane Square, I did not go down Union Place; I did not see anything more—after the occurrence I went to the station—when the policeman came down Union Place he was bleeding very much; his face was covered with blood; it was running down his coat—two constables came up and took him to the station; they helped him along—I am not quite sure I saw Ryan in the crowd—Boydell pushed the policeman, but I do not know who struck him.
Cross-examined by MR. MITRA. I could not say who struck him; I did not see who struck him; they kicked at him—I cannot say whether the kicks reached him or not—I went as far as Sloane Square—I waited till two constables came out—I cannot say if Ryan assaulted the constable in Sloane Place—I do not know who knocked him down.
Re-examined. Ryan was in the crowd in George Street; they ran into Union Place—Ryan ran away with the rest.
GEORGE PEARCE . I am a physician living in St. George's Square, Pimlico—between 5 and 6 o'clock on Sunday morning, 25th June, I was called to Goodgame's house, and I found him bleeding from three contused wounds in the head, two in the forehead, about 2 inches long, and one on the top—I did not consider them at that time to be dangerous; he was covered with bruises nearly all over his body—the right side of his neck and jaw, his ear, his arm, and his right knee were bruised—his helmet and clothes were covered with blood—the injuries were such as might have been produced by kicks—I examined a boot taken from one of the prisoners, and the heavy nails on the toe corresponded with the wound upon the policeman's forehead—on the left ear there was a bruise which might have been caused by the blow of a fiat, and another on the right side of the neck which might have been caused by a kick or a blow—I saw him again two or three times a day; erysipelas set in about the second day; he was then in a very dangerous condition, and congestion of the brain came on, and he was in a most comatose state for some time, and delirious, and then he had congestion of the lungs, and continued in a very serious state, and he is—still under treatment, and will be for five or six months—he is not fit for duty, nor likely to be for a considerable time—I think he is out of danger—a Magistrate attended when he was in that serious state to take his deposition, and I considered it necessary to have another opinion—Ryan was before the Magistrate, but not Boydell—the examination was taken at the constable's house.
Cross-examined by MR. MITRA. I never saw Ryan before I apprehended him—from information given me, and from the description of him I was satisfied he was the man.
Witnesses for Ryan.
ELIZA BATSEY . I live in the same house as Ryan—on Saturday night, 24th June, Ryan was very tipsy; about 11.30 he was sitting on my stairs asleep—his mother and brother live in the same house; they were not there—my brother came in ten minutes after and asked me for a light—Ryan was then on the stairs tipsy—that is all I know—I saw him next morning going out at 9 o'clock.
HENRY GROOM . I am a bricklayer—on the night of 24th June, last I went to Mrs. Ryan's room; I lodge there—I saw Ryan at 11.30; he was very drunk—I said to his brother "John, why don't you put him in bed "—he said "He can go on the bed himself"—I then helped him into bed—Elizabeth Batsey lodged at the same place, upstairs.
Cross-examined by MR. BEASLEY. I did not see Ryan come home; I heard he had come on the stairs, and his brother Jerry dragged him off the stairs, and his other brother went to fetch something for supper—the house is near Union Place, commonly called "Frog's Isle."
JOHN RYAN . I am the prisoner's brother—on the night of 24th June I saw him on the stairs at 11.30 drunk and incapable, and fast asleep—I dragged him, with the help of my other brother, and put him on a chair—I and the last witness dragged him from the chair and put him to bed; I slept in the same bed—I awoke at 6.30; my brother was there, and the witness Groom was in the next bed—I was up in the room at the time of the row; I sat up till 1.30, and then I heard a row—I heard a rush going down the court, and I went out and saw two men in Union Place; they knocked the policeman down and ran down another court—one of them was Bow, and another Campbell—they were the only two I saw—I was going to give information at the police-court, but I was not asked; it was not mentioned in the police-court before me—I was up at the police-court, but was not examined; I was called at last—my brother Jerry was there—it was he and I who dragged my brother oft" the stairs—he slept in the same room with Groom—Jerry is eighteen, older than I am—he is now at home.
Cross-examined by MR. BEASLEY. I gave my information before the Magistrate on the last day—I said there that my brother was drunk on the stairs when I came home; that was about 11.30—then I said we put him on a chair, and that he was so drunk he could not sit up straight—we undressed him and put him to bed; I slept by his side—they asked if I knew anything of the row, and I said "Yes"—I went to bed a little after 1.30; I had been sitting up for Jeremiah, who went out for some supper—he used to work for a man named Gubby—he was out there about twenty-five minutes, and returned at 1.30—he was out while I put my brother to bed—Groom came in while I had him on the chair, and we dragged him into bed—he never brought any supper—I saw the row about 1.30—the George public-house is close to our house; I could get there and back in a very few minutes.
GEORGE MILLER . I live at 7, Whitaker Street, Pimlico—on Saturday, 24th June, there was a disturbance at George Street, Chelsea—I went out and saw the men there; I stayed there and saw the occurrence—I saw the constable in George Street—two men were creating a disturbance, Bow and Campbell—the constable asked them to go away, or he would take them in custody; they refused to do so—he then went to take hold of Bow and they fell to the ground, the constable and Bow together—they both got up,
and while the constable was speaking to Bow a man, Kelly, came up and struck the constable in the face, and he fell to the ground and was kicked by Bow in the left side; that was in George Street—Kelly then ran up George Street towards Sloane Square—I picked up the constable's hat, and he ran after Bow and Campbell round Frog's Island to get assistance—I ran with the constable's hat in my hand for assistance, and when I came back the men had escaped—I did not see what happened afterwards—I knew the names of the three men who assaulted the constable—I did not see Ryan there—Kelly is a big, broad man, larger faced than Ryan.
Cross-examined by MR. BEASLEY. I was close to the constable; he was standing on the pavement; there were about a dozen in the crowd—I cannot say whether there were more than one making a great noise; before the constable was struck they were making a great noise—I did not take part in it; I was looking on—I knew the three men who assaulted the constable; I knew Ryan before—I live some distance from him—I am prepared to say that he was not in George Street at the time the constable was first assaulted; I swear he was not—I did not see him; that is all I can say—I did not see him elswhere that night.
Re-examined. I knew Ryan very well—I did not see him in George Street—he is no friend of mine—I know him from working on the same building—I have known him several years.
BOYDELL here PLEADED GUILTY to a common assault.
Ryan in his defence stated that he belonged to the 4th Middlesex Militia, and had completed his month's training on the day before this occurrence, and got intoxicated, and had been in the company of these men on the night in question, but had left them two hours previous to the row. That he was taken home drunk by William Murphy, who had gone away out of the neighbourhood, so that he would not appear against these three men if they were taken. If he had taken any part in this affiair, he would not have stayed on the very ground where it occurred. He complained that his identification was unfair, as he was put between five or six tradesmen, respectably dressed, he being the only roughly dressed man amongst them.
RYAN— Guilty of a common assault— Two Years' Imprisonment.
BOYDELL. To enter into recognizances.
BALLANTINE and MR. STRAIGHT the Defence.
CECIL DOUGLAS . I live at Colville Square, North Tottenham Hill, and am assistant clerk at Bow Street police-court—I produce an information, dated 29th April, bearing the signature of Mr. Flowers, the Magistrate—I also produce the summons, signed by Mr. Flowers.
FRANK ALEXANDER STACPOOLE . I live at the Hillfoot House, Harrow, and am a gentleman—I was on the Board of the British Guardian Life Assurance Company, when the defendant was Secretary—I know him, and I know his writing.
best of my belief, the signature to this document (produced) is his. (This was an information sworn by the prisoner, on 29th April, 1876 stdting thai he attended, on Thursday, 16th March, a Board meeting of the Company, at their offices, Stacpoole and others being present, and that they informed him that the Company was perfectly solvent, and that, on 22nd March, he again attended, when it was stated that the Company was flourishing and perfectly solvent, and that they had 2,000l. invested in Consols, and that he deposited with them the sums of 100l. and 400l. in consequence of these representations.)
FRANK ALEXANDER STACPOOLE (Re-examined). I am one of the directors of the company—I know the defendant—I was present at the board meeting on 16th March, when Mr. Anstruther attended—Mr. Williamson was also present—it is not true that in my presence William Williamson informed Mr. Anstruther that the British Guardian Life Assurance Company, Limited, was in a flourishing condition—it is not true that he informed him that the company was perfectly solvent—he did not tell him that the sum of 2,000l. in Consols were invested in the names of Thomas Nicholas and Whitehorn Lawrence as trustees of the said company—Mr. Williamson explained to Mr. Anstruther that the money was wanted for the use of the company—the 500l. was a sum which he was to deposit before he could be made secretary—he was advised by Mr. Williamson not to purchase shares in the company, for fear the company should not be satisfied with his services as secretary, but to deposit it at three months' notice, for fear he should not be pleased with the company—I cannot remember exactly, but the general import of the conversation between Mr. Williamson and him, was that the books were open for inspection, and he could make himself conversant with them—he said that he was perfectly satisfied—he had other information about the state of the company—a short time afterwards the company went into liquidation—I received before that a summons to attend at Bow Street police-court—I attended, and it was adjourned to to the following week—I attended the adjournment with my solicitor—the summons fell through—I had nothing to do with paying money to Mr. Anstruther, or in any way stopping those proceedings—subsequently, on seeing the information Mr. Anstruther had sworn, I applied for & summons for perjury against him—it was granted by the same Magistrate.
Cross-examined by MR. SERJEANT BALLANTINE. Mr. Williamson, General Hicks and myself were present then—General Hicks heard what took place—I believe this business has killed him—he is ill with paralysis—I heard he was disabled two days after that—his friends came in and told me—I was begged by his friends not to go out and excite him—I. believe that since then he has been taken abroad—I did not authorise an advertisement for a secretary—I knew that it was in—the travelling director put it in—they did most things without the sanction of the board that way—it was put in without my sanction—I think it was with their sanction; as far as I was concerned I was not surprised to see Mr. Austiuther turn up—he was brought in by General Hicks, who was one who had sanctioned the advertisement—I should not advertise for an insolvent affair—I knew that a secretary had been advertised for—I do not think he would have given the money if it was told him that it was an insolvent company—I heard there had been an advertisement—we represented to the new secretary that we wanted his 500l. for our own purposes—we did not convey to him that the company was not an insolvent one—the company wanted money without being insolvent—we conveyed it by
implication, and I believed it myself—this prospectus (produced) is one of the books of the company—it was true that" 50 per cent of the premiums paid upon whole life policies is invested in the names of trustess in the British Government Securities, for which purpose there is a quarterly audit of the income account, and when the board hand to the trustees one half of the Life Assurance premium the amount is remitted to the brokers who invest the money sending to the trustees the Bank of England certificate; that the account is kept in a ledger especially designed for this system, and is so arranged that any policy holder can at a glance see his position in the company."—I swear to the best of my belief that 50 per cent was invested in Government Securities at that time—I do not think anything was invested there at that time; I was told so, but I do not know—I, believe we had out about 1,400l.—we referred him to the books—the money was ready to go into Consols—it was in the managers and traveling director's hands; I suppose—it was through them I got my information—I cannot tell whether the money has gone in—the company is in liquiddation; undoubtedly we had at that time as much as 10l.—I lent them 80l. three weeks before—I do not know what became of it; that was not as far as I know the whole capital of the company—I know there was more than 8,000l. to be called up—I cannot tell how much available money there was to hand at twenty-four hours' notice—supposing a life had fallen in we should have had three months' time in which to get the money to pay it—I cannot tell how much we had; I had lent them 80l., and that is all I know of their capital—we had three winding up petitions at that time to the best of mo knowledge—I was not in the country, so I cannot tell how many—the London and County were our bankers; I do not know what balance we had at the time—I should think the reserve was more than 5l.—I have no means of knowing; I should think 20l.; about 20l.—I am not aware that this table conveys a deliberate lie—I did not understand it to convey a deliberate falsehood—I believe there would have been a reserve fund if the company had gone on—the 500l. was paid away for debts—I was not in the country and do not know what was done with it—I made no inquiry at the time the secretary was advertised for—I do not know a gentleman named Hyman in our establishment; I never heard the name before; in connection, with the office—I do not know that he was employed there as a clerk at 30s. a week—I did not know at the time the 500l. was paid in that there was a sheriff's officer in possession of all our goods—I believe it now—I never heard that he was there for no less than ten creditors—I never heard of him before by name; I know that the sheriffs officer was there, but I never heard of Hyman—I lent money myself to the company—the company was certainly not insolvent with 8,000l. to fall back upon—I have no knowledge of Mr. Anstruther wanting discount on the 500l.—I have never heard that he was given a cheque for 10l.—I believe he had a cheque for 10l. given him by the company which was dishonoured—I know it to be a fact.
Re-examined. I consider the company solvent—other books of the company were kept at the office besides the prospectus, in the secretaries room, but not in the board-room—he was able to have access to the other books—I have paid 200l. on application to qualify as a director, and I lent 500l. or 600l.—the unpaid capital has not been called up; it will now be called up.
By THE COURT. I joined the company in 1873—they took over an old
company, the National Widows—I attended the meeting to make a board, but never professed to know anything about the business.
JOHN WILLIAM WILLIAMSON (re-examined). I am a director of the company—I was present at the board meeting on 16th March when Mr. Anstruther attended—it is not true that I told him the company was solvent—I did not allude to it—it is not true that there was 2,000l. invested in consols in the name of the trustees—I never told him so—as far as I recollect what passed was this, I said "Don't take shares in the company, but leave your money on deposit that you can get it back again if you wish to leave, or if we quarrel"—his reply was that he had seen the editor of the "World," who had been writing a severe article against us, and he said "I probably know more about the state of the company than you yourself"—I never at that or any other meeting told him that any sum was invested in Consols—to the best of my knowledge there was not anything said about what the 500l. was for—I was subsequently served with a summons to attend at Bow Street police-court—this is my handwriting (produced)—that personal guarantee was prepared by his solicitor, brought to us, and signed by us—it makes us personally liable to return the money if the company fail to do it—I appeared at Bow Street and the matter was adjourned—we repaid the defendant the 500l. in cash and bills—I was aware that Mr. Stacpoole attended at the adjournment; I was there—we had no communication with him at all about the money—we were legally bound if we did not pay the money; that is the reason we returned it—it was no use fighting for a thing we were bound to pay—I have money in the company myself—with monies that we have paid, and are bound to pay, subject to be recouped by the company, I believe something like 1,400l.—the company is in liquidation—the amount of new capital to be called up, to the best of my belief, is something like 12,000l., and the debts do not exceed 4,000l., to the best of my belief.
Cross-examined. I recommended him not to take shares in the company, but to pay the money on deposit; the reason for that advice was that he might get it back again if he wished—I know we have not very much at the bankers; I could not pretend to say how much—I cannot say if I gave the 10l. cheque; I did not give any cheque at all—as a director I might have signed a cheque and my signature would appear to it; I have no knowledge of it—the question of the 10l. cheque and the payment of the deposit were different—money was coming in daily and hourly—I know that Mr. Anstruther said that a cheque was dishonoured; I know no reason to doubt his statement; I did not doubt it; I do not doubt it now—I was served with a summons—I never saw the information at all, because the summons was not served upon me, it was left at the office and never delivered to me; I never saw it, I was told of it—the other directors had seen the information—I was told what I had been charged with—I had got to pay the 500l.; I was legally and morally responsible—there is only one bill due and that became due the day before yesterday; I do not know where it was payable, I had no opportunities of making inquiries—notice was lying at my chambers and for two and a half days I have been dancing attendance here waiting to be called upon—I shall pay my own portion; I have paid a great deal for other things—I agreed with' Mr. Walker that he should advance my share; it was not convenient for me to pay it—Mr. Walker is one of the trustees—I do not want to borrow any more—I did not pay anything out of my own pocket—I was only bound for a rateable portion—I borrowed my
proportion and Walker paid his; I did not intend him to believe that it was a solvent concern; I intended to convey nothing whatever and recommended nothing—I told him that the in formation was caveat emptor, and that he might look at the books; I did not tell him it was caveat emptor, please repeat your question—I told him what I have stated; I told him that there were ten petitions—I did not know that there was a sheriffs officer at the office playing the role of a clerk—I did not know whether he was in possession at the moment or not; I knew that one had been in possession; I did not know that a sheriff's officer was a clerk, until Mr. Anstruther told me he found it out, because he had to pay him a certain sum which he thought was wages—the salary of the secretary was to be 300l. a year—I cannot say anything about the disposal of the 500l.—I made no remark one way or the other more than I have stated—I did not intend to leave him in ignorance as to the state of the company; it did not occur to me; I did not deliberately leave him in entire ignorance—the ten petitions were not at that time; some of them had been paid—the ex-directors who had retired instituted petitions for their fees, which they considered they were entitled to as directors, they having retired; I did not think it necessary to mention that—I thought it a perfectly honest thing to take this 500l.; we were to pay it at three month's notice; there is an agreement—I knew that I was charged with obtaining money under false pretences, and I knew that it was untrue.
Re-examined. I paid because I thought I was legally responsible—I gave defendant the information he asked for and I referred him to the books—he could have looked at any books he pleased.
By THE COURT. I know that a sheriff's officer had been in—I have been a director since 1873—I cannot say how many insurers there are—I should have said at one time that we had 4,000l. a year from insurances; up to a very recent date the proportion, according to the 50 per cent., was invested, according to the auditor's statement—we had some very heavy losses and sold out securities—I am not aware of other petitions on behalf of deceased insurers—the bulk of the petitions were on behalf of ex-officials and directors—we have paid claims on policies that have fallen in; I cannot say out of what fund.
EDWARD WALKER . I am a lecturer on mathematics for the Civil Service, at 19, Garrick Street—I was a director of the company—I was present on the day Anstruther attended the board—Mr. Williams did not tell him that the company was in a solvent condition, or that 2,000l. was invested in Consols in the name of trustees—that is my writing—I was One who gave a guarantee for this 500l.
Cross-examined. A bill was given for 200l.—there is a bill for 100l. only just due—it has not been paid—I heard of it this morning—I did not know it was presented at my house or at the office—I only heard of it this morning—I saw the business of the company as it was brought before me—I went into the accounts—I knew certainly that we had no money or very little at the bank, that the reserve fund was gone, and that we could not even draw a cheque for 10l. without its being dishonoured; and with a full knowledge of all these facts, we hired a secretary at 200l. a year, and got 500l. from him—the company was perfectly solvent—I consider it honest—it was honest to invite people to insure in that company—we had money enongh to pay our debts, although the company was in that state—we should easily have paid a 1,000l. policy—we paid every policy that came
due—if a claim came in, we should have got the money—I cannot say how many polices we have disputed—all policies in our company were indisputable—we never disputed—I did not know that there was, at the time we took the 500l., a 400l. policy due, which they could not get—I will not swear that there was not—I have only joined the company since the end of 1874, and I do not know if as many as twenty or thirty polices were disputed—I do not think I have been a party to disputing twenty or thirty policies since that time—I will not swear that we have not done it for the purpose of gaining time—I am not aware of its being so—I cannot swear it was not so—Lawrence was not present; Nichols might he—I will not be sure about John Hicks—I did not say he was not—I have not seen John Hicks lately—I have not the least idea how he is—I never met him except at the board—I know nothing of him—I heard about June, that he had had a paralytic stroke, and that is all.
Re-examined. Since I have joined the board, every just claim has been paid, and several companies have been changed into our company, amalgamated with it—I do not believe there has been a single undisputed claim that has not been paid—I know the company has funds enough to pay all its debts several times over—a man may be in a position eventually, but may not have the money in hand—there will be sufficient if it is not squandered in useless litigation.
By THE COURT. There was plenty of capital to be got at, but not called up—by debts I mean money that is owing to the company—the capital is calculated upon a fixed principle—it is reckoned that a certain number of policies annually fall in—the policy holders do not suffer the least, because they will be taken over.
NOT GUILTY .
THIRD COURT—Wednesday, August 9th; Thursday, August 10th; Friday, August 11th; and
OLD COURT—Saturday, August 12th, 1876.
Before Mr. Recorder.
345. RICHARD BANNER OAKLEY (41) was indicted for unlawfully obtaining 2,000l. from Charles Hope Robertson by false pretenses, with intent to defraud. Other Counts (145 in all) charging the obtaining of other sums from other persons and varying the form of charge.
MR. SOLICITOR-GENERAL, with MR. GORST, Q.C., MR. COWIE, and MR. BOWEN, conducted the Prosecution, and MESSRS. COLLINS and FRANCIS the Defence.
ROBERT WILLIAM HUDSWELL . I am an accountant and live at Lewis-ham—I carry on business as Hudswell & Co., at 23, Martin's Lane, Cannon Street—I have been an accountant nine or ten years—I became acquainted with the defendant in March or April, 1874—I had then a client, Lomas, Webster & Co., at East India Chambers, Leadenhall Street, and the defendant had a seat at a table in their office, but I did not know then what his business was—I had not then heard of the Co-operative Bank—I first heard of it about August or September, 1874, from Mr. Lomas, I believe—the defendant first spoke to me about the Co-operative Credit Bank about December, 1874, at Lomas, Webster & Co.'s office—these are the notes of my evidence at the Mansion House (produced)—the defendant told me that he was about forming a bank, and that he had some bills of Dr. Good's and General. Gascoigne's to be discounted—he gave me the names of several parties to call on, but I cannot remember their names—I called on those
parties and asked them at Mr. Oakley's request whether they would be prepared to discount the bills—I saw Mr. Oakley again and told him what the various parties had said when the bills were handed to them—I think the parties communicated with Mr. Oakley; I had no more to do with them—one of them was named Callisher; he was mentioned to me by the defendant; he lived in Sackville Street, Piccadilly, and carried on the business of a money lender—Dr. Good sent for me in 1875 to 12, Queen Victoria Street, and asked me in Mr. Oakley's presence if I had any objection to become the accountant of the Co-operative Bank—I said that I should have no objection to do so, and he said that I must be very particular in all matters connected with the bank—I was then and there appointed to the office of accountant—my salary for the first three months was at the rate of 1l. a week, or 52l. per annum; I was only to give a small portion of my time—my salary was afterwards raised to 2l. a week, and later to 3l. a week, and about four months before the bank stopped it was raised to 4l.—offices were allotted to me at the bank, and I engaged clerks who were employed there, and paid by me with money which I drew from the bank to pay them—the defendant also employed separate clerks to carry on the banking business—current accounts were opened and some deposits and acceptances were received.—I did not take part in any bill discounting business; the different clerks kept books of the business done,. and I made up my books partly from their books and partly from the vouchers—tellers, or cashiers' books, were also made up by the bank clerks—my books were made up from the paying in slips and the cheques—it was the practice for my books to be compared with the teller's books at the end of each day—the accountant's and the cash department were kept quite distinct—the defendant occupied a room on the same floor as my office, the ground floor—the name outside was "The Co-operative Credit Bank"—the defendant was also proprietor and editor of a journal called "The Co-operative and Financial Review," the expenses connected with which passed through my hands, and I had a separate clerk told off to keep the accounts relating to it—the issues of that paper were circulated throughout the country—a staff of young women clerks was also kept for the purpose of folding the numbers of the "Review," and for issuing the prospectuses of the 'bank and the balance-sheets—I occasionally saw the articles in the "Review," and had conversations with the defendant relative to some of them—he never told me that any of them were his own composition—I prepared this balance-sheet (produced) in March, 1875, partly from the books and partly from the vouchers, and partly from information received from the defendant—I submitted the manuscript to him before it was published—it was published with hissanction and approval—I see here the amount, by commission, from the Imperial Life Association, Limited, is 6,750l., which is placed here as a realisable asset—I placed it so by Mr. Oakley's directions, he said that he was entitled to that amount from the Imperial Life Association as a commission—I made no further enquiries about it, I took his word for it—I did not learn from him at that time that it was a disputed amount—I got this other item, "Commission 861l.," from Mr. Oakley; I believe it was made up of three entries, but I have not the particulars here—I have a draft here made out at the time I was making out the balance sheet—800l. was for the patent safety lamp assignment; I know nothing about that, and there are two others—those amounts were given to me by Mr. Oakley, who said that they were amounts due to
the bank—I did not ask him any questions on the subject; he gave me the particulars which I put into the balance-sheet—I said "Can those amounts be realised in case of emergency? are they available securities?"—he said that they were—deducting the figures 6,750l. from the account, a loss would be shown instead of a profit—the balance-sheet with this foot note was circulated among the subscribers by Mr. Oakley's directions. (The foot note stated: "The amount of the profit must depend upon the realization of the claim of the bank from the British Life Association, Limited.") I also prepared this balance-sheet for the quarter ending June, 1875—I see on the side of assets "Securities 8,611l.;" those securities consisted of the Keokuk and Kansas Railway 7,750l., and the Patent Safety Lamp assignment deed as before 800l., Alfred George commission 46l., and Tennant 15l.—the Keokuk and" Kansas 7,750l. does not, I believe, appear in the books; they were to be inserted on my return from my journey—I obtained the particulars from Mr. Oakley—I asked him whether the Keokuk and Kansas securities were available, and he said they were; he said, to the best of my recollection, that they were given him for the purpose of promoting the Keokuk and Kansas Railway—I made no inquiry at the office of the railway—the defendant said that he had advanced money from time to time for the purpose of advertising, printing, and so on—I also brought forward again as a separate item, by the defendant's direction, the 6,750l. as due from the British Imperial Life Insurance Company, Limited—that balance-sheet was submited to the defendant before publication and approved by him—in treating those assets as realisable, I make the profit and loss account for that quarter, inclusive of the previous balance of March 31, a profit of 10,821l. 10s.—if I had struck them out from the aasets there would have been a loss shown of 5,000l.,; that balance-sheet was printed and circulated by the defendant's direction—no reference is made to the suspense account in that balance-sheet—it is customary for auditors to have the value of shares certified by stockbrokers, but I did not do so in auditing and issuing these balance-sheets; I took Mr. Oakley's word for it—I had every confidence in him, and believed that what he stated was true—I also prepared this balance-sheet for the quarter ending September 30, 1875, under Mr. Oakley's direction; it was submitted to and approved by him, and I obtained from him this figure "Securities 21,250l." among the assets, with the items of which it is made up: there are the Gilbert and Chaudiere preferential shares 2,300l., Gilbert and Chaudiere ordinary shares 7,300l., Warrington Bottling Company 250l., Oxford Building Society 1,400l., Credit Fongier 5 Debentures, 400l., Australian Tin Mines 550l., Woollen Trade Association 400l., Keokuk and Kansas Railway 8,550l., and a foreign bill for 100l., making 21,250l.—I got these particulars and and values from the defendant—I observed that the item for the Keokuk and Kansas Railway, which at the time of the previous balance-sheet was 7,750l., was taken at 8,550l., and I believe the defendant told me that the value of the shares had increased, but I cannot possibly say—he told me that the 250l. due from the Warrington Bottling Company was the money paid to the company for shares in that company—I cannot tell whether the amount has since been paid—I have no further information what the 1,400l. from the Oxford Building Society was for, but I believe it alluded to shares in the society—the defendant showed me the five Credit Fongier debentures, and said that the value of them was them 400l.—I do not know how they came into his possession—those securities making up the 21,000l.
do not all appear in the company's books; I stated before that my absence at various branches occupied several weeks, and I desired that they might be left till my return—the shares in the Oxford Building Society and the Credit Fongier were never in my possession, and I made no inquiries, except of the prisoner, of their value—I saw documents relating to the Australian tin bonds in Mr. Oakley's hands, but I do not know now what has become of them; I made no inquiry of their value except from Mr. Oakley—the 400l. from the Woollen Trade Association was, I believe, an advance, but I have not the means of saying whether it was for commission; I cannot say whether that claim was ever paid—I see a foreign bill for 100l.; I cannot say whether it was subsequently met—the item "Co operative and Financial Register "5850l. 17s. 11d. represents the expense of printing and carrying on the "Register"—this item, "Reserve fund 2,016l." on the debtor side is represented by securities; I learned nothing from the defendant respecting them—those were handed to me for safe custody by Dr. Good in a sealed packet—the defendant said that the 2,016l. would be carried forward to the reserve fund, and he should hand securities for that amount into the hands of the trustees, but he did not say what securities—I received them from Dr. Good a month or more after 'the balance-sheet was issued—at the time the balance-sheet was being prepared the defendant told me he should portion off part of the Keokuk and Kansas bonds to represent that sum—the 2,016l. consisted of profits in one shape or other; the gross profits for the quarter are put down at 8,700l. 15s. 11d. and the 2,016l. is part of the gross profits which are put down at 10,700l. 15s. 11d.—in that balance-sheet the claim on the British Imperial Association is not. brought forward as an asset, but it was placed in the suspense account because the defendant said that in consequence of the dispute with the British Imperial we must take that amount out and put it with the suspense account—I had not heard of a dispute previous to the March and June account—assuming that the securities were struck out amounting to 21,000l. there would be a very large loss instead of a profit—this balance-sheet was issued and circulated in the same way as the previous ones, and the defendant again said that the securities could be realised on an emergency—it was part of my duty to go down to the country to audit the bank agencies; I had done it before September, 1875—there were, I think, just over sixty agencies established over the country—he also employed lecturers to go about the country lecturing about the bank—I did not go down to the country in December, 1875, to audit the agencies, on account of the finances, of the bank being so very low, and I proposed that we should take the weekly returns from the branches as granted, and audit them afterwards—there were not sufficient funds in the bank which could have been spared for the purpose of my going down—I called Mr. Oakley's attention to the state of the bank, cheques, promissory notes, and acceptances being dishonoured as early as Christmas, 1875, and also sent off money to the various agencies—I told the defendant about the beginning of January that he was not justified in receiving money from the public, that the bank was hopelessly insolvent, and he had better call his creditors together and make a statement—there was at that time an execution in the bank for 250l.; a man was in possession; the defendant replied that there would be plenty of funds coming in and we should tide over the pressure—I asked him what the execution was for, he said that it was on account of an acceptance he had given for shares in the
Gilbert Gold Fields Company; there were no funds in the bank to pay that, but he said that he had money coining in and everything wouly be quite right in a day or so—I told him he was not justified in receivnd any more money from the public, he would render himself criminally liable if he did so; he said "Oh, no such thing, we have plenty of money coming in, and we shall be all right again"—I said "We are using all possible dispatch in getting the balance-sheet out, but you had better call your depositors together and mention the state of the bank to them"—he said that the depositors would increase their subscriptions—on the day we had that conversation there was no money in the bank to pay the clerks their salaries, and I told Mr. Oakley so, he said "We shall be able, possibly, to pay their salaries in a day or two"—the execution remained in the bank till Tuesday. 18th January—on loth January I had a conversation with Mr. Snelgrove a depositor and one of the trustees, and again on the Thursday before the defendant was arrested—the defendant sent for me and, said that he had received a letter from Mr. Snelgrove's solicitor, and asked me why Mr. Snelgrove did not come to see him, I said that he declined to do so; he said "I hope you have not opened your mouth too wide"—I said that if the depositors asked me any questions relative to the state of the bank I was bound to reply to them—he said that it was no business of mine, my business was to attend to the books—I said "I shall certainly reply to them, I have always done so, and shall always do so as I am their accountant"—he then told me he would have none of my insolence—while we were conversing, his assistant, Mr. Kemp, who is now deceased, brought him a cheque for 1l., and Mr. Oakley said that it would be paid presently—Mr. Beddy was the secretary and head cashier—Mr. Oakley's private clerk, Mr. Spooner, succeeded Mr. Beddy—they were engaged by Mr. Oakley and under his orders—supposing I had made up the December balance-sheet there would have been a considerable loss, but I am not able to say what would be the amount of the deposit and current account at the closing of the bank, the receiver has done that, it is entirely out of my hands.
Cross-examined by MR. COLLINS. I have been in business as an accountant eight or nine years; before that I was with the Millwall Iron Works ten years, and I was on casually in the office of Mr. Lewis, an accountant in a large way in London; he is also a trustee in the bankruptcy—I have had considerable experience in accounts; I carried on business at 23, Martin's Lane, Cannon Street, as an accountant for about four and a half years before I superintended the books of the bank; I had no partner—I was asked to take the appointment by Dr. Good on behalf of the depositors—I was, in fact, appointed as a check on the manager, and to give a full account of the business, separate and distinct from the manager's department—I had a distinct appointment and engaged my own clerks, they were under my sole control, I paying them and drawing the money from the bank—I made out the March balance-sheet from the books and vouchers, and if I had not been satisfied that different amounts had been paid and received I should not have placed them in the balance-sheet—the vouchers for all the amounts appear in the balance-sheet—putting aside the sum due from the Life Association, the whole of the items in that balance-sheet were true and correct, to the best of my knowledge, from the books and vouchers—I cannot say whether Mr. Tennant, a mining agent, paid 15l. in March, it could not have been paid at the time, but it stood in the books as a debit balance against Mr. Tenuant, he may have paid it subsequently—it is a matter of public
notoriety that on 21st March we were sueing the British Imperial Life Association for this commission at the very time I placed it in the balance-sheet—Mr. Borlase was the solictor to the bank at that time, and I heard him explain to the defendant and to the depositors that Mr. Oakley had a claim to that 6,700l.—the foot note to the March balance-sheet was suggested by Mr. Oakley himself, and he told me at the time that that foot note was to prevent people thinking that it was actually cash in hand—I know that the amount expended by the Co-operative in endeavouring to float the Imperial was as much as 1,500l.—Mr. Oakley told me that some person had been sent out to America to make inquiries about the Keokuk and Kansas Railway, and he showed me an agreement with the directors with regard to floating the railway—I cannot give you the amount Mr. Oakley spent in advertisements and other expenses in endeavouring to float the railway, but it was considerable—with the exception of the valuation put upon the securities, every item in the June balance-sheet was correct, to the best of my knowledge; I made it up, and I and my staff compared it with the vouchers, except the securities—I kept four clerks—I superintended it, but a great portion of my time was occupied at the branches—the defendant told me I might see the engineer of the Keokuk and Kansas Railway with regard to the valuation, but I did not see him—there were several branches between March and June, and very considerable expenses were incurred in establishing them—Mr. Oakley showed me the assignment of 861 shares in the Helm Signal Company, and perhaps the amount of them is referred to in the 800l. in the March balance-sheet; he showed me the assignment of the 861 shares—The Patent Lamp and the Helm Signals are the same thing—before the amounts were placed in the balance-sheet the securities were either handed to me or shown to me, they were brought to my knowledge and I could have examined them if I had chosen—I imagine that Mr. Oakley advanced considerable sums in bringing out the Canadian Gold Company, but I cannot tell you the amount; he informed me that he gave four acceptances of 250l. each—I was told that the five debentures of the Credit Foncier, valued at 400l., were sold for 360l., but I do not know—I believe the amount remitted to Australia in regard to the Australian Tin Mining Company was 550l.—I cannot say whether a sum was actually paid for the Woollen Trading Company's securities, but I paid 400l. for them, and it is put down as an asset of 400l.—I submitted the balance-sheets to Mr. Oakley, and he gave a general approval of the form in which they were drawn up; the items of the expenditure were left to me, they were taken from the books—large sums were expended in advertising—he said that he believed he should receive large sums in January which would tide over his difficulties—the papers had been attacking the Keokuk and Kansas Railway and the Cooperative Bank, owing to which the subscriptions had fallen off very considerably—as late as 31st December I was of opinion that although the funds were very low, I was able to report a better state of things, and trusted that with a little forbearance on the part of the depositors all would be well—the well-known principle of the bank was that there was no capital to start with, and I told everybody so who asked me—I put out the prospectus.
Re-examined by THE SOLICITOR-GENERAL. The bad condition of things which I referred to was that there was 14l. odd in the bank coffers on the 14th December—I talked about things looking better because it was reported to me by one of my clerks that money was coming in—I do not know what the amount was or from whom, but it was
from new depositors I should say—I should treat as my own knowledge, information received from my staff—I cannot say whether the 400l. for the Woollen Trade Association was paid by cash or by bills—I had nothing to do with the financial department—I cannot say that those shares were treated as profits, I was given to understand by Mr. Oakley that they were realisable—that is how I was an independent accountant between Mr. Oakley and the shareholders—I got the amount expended, from the various vouchers scattered through the books—I might or might not see the four bills of 250l. each, they were passed through the office—when I assert that that is true which is on the balance-sheet I mean that the bills should appear in the bill-books, and I have every reason to believe they did—I ascertained how much money had been paid into the branches from time to time by subscribers, and the expenditure was entered in the balance-sheets—all the money that was paid into the bank was passed through the books in the usual form,. and the money was handed to Mr. Beddy for Mr. Oakley, it never passed through my hands—enquiries I believe were made as to what had become of the money, part went for Mr. Oakley's private account, and part for the use of the bank, the books will show a portion of that—the amounts were passed through the books and handed over to the secretary who acted as cashier—if you deposited 1,000l. it would be in the books, and it would be handed over to Mr. Oakley—the 1,000l. would remain in Mr. Beddy's hands, and he might pay any body, either Mr. Oakley's private account or not—the March balance-sheet says "Balance" so much, and they all run in the same way—I do not include among the expenses and disbursements all the money that has gone into Mr. Oakley's pocket for any purpose whatever; he drew money for his private purposes—that does not appear in the balance-sheet—it is a charge in Mr. Oakley's accounts—it was kept open for explanation by Mr. Oakley; he drew cheques for various purposes for his private use and it went through the books—I know that the statement in the prospectus is that he received nothing for his private services—this balance-sheet would disclose that he was receiving nothing, but he acknowledged that he was entitled to a certain sum for conducting the "Co-operative Review"—he has not been credited with that—he was to be credited with it in the December balance-sheet; he suggested that he should have 400l. a year for that, and that is not included—the balance-sheet ought to disclose to the shareholders what had been received and paid, and I believe that amount is shown in the balance-sheet as "Loans outstanding 1,077l."—I cannot say whether Mr. Oakley's receipts are. included in that—we account for the cash in hand at the head office and branches—it is not under the heading "Cash in hand," that was the actual cash in the hands of Mr. Beddy, and also at the branches—I assume that that cash was in the till in Mr. Beddy's possession because I saw the money counted; I cannot say that I counted it, but I had every reason to believe that it was correct—in auditing the branches I assumed the amount of balance—I cannot say that Mr. Oakley's account appears in the balance-sheet, it was to run over to December, and therefore the receiver will be able to account for those items—I cannot remember if Mr. Oakley's account was included in these items or not.
ERNEST ROBERTS , a clerk in the Registrar's Department of the Bankruptcy Court, and CHARLES ARNETT, Registrar's clerk in the Rochester County Court, produced the proceedings in the defendant's bankruptcy.
by the County Court of Rochester, trustee under the bankruptcy of Richard Banner Oakley—this is the adjudication, dated 31st January, 1874—the bankruptcy was on the petition of Messrs. Eykn Brothers, stockbrokers—the total debts proved up to February, 1876, amount to 8,819l. 16s. 11d.—I have received no assets whatever—the amount of assets returned is "Cash at the London and Westminster Bank, 1l. 5s."—the defendant is still undischarged—I took proceedings as trustee, and my title was disputed by Mr. McLean, and the Lords Justices decided that I had no claim to the assets—an offer of composition of 5s. in the pound was made on 30th November, 1875, at my office—the bankrupt made no statement as to the fund out of which he proposed to make the composition; the offer was made by the solicitor—the committee resolved that I was to call a meeting of the creditors, which I did, but the money was never deposited, and the proceedings fell through.
Cross-examined. I can give you a list of the creditors, about one-fourth of the whole was Stock Exchange transactions—Albert Grant was not a creditor, he has proved nothing at all.
REV. WILLIAM FULFORD GOOD . I am a clerk in holy orders and rector of Stratford St. Andrew, Suffolk—I was trustee of the reserve fund of the Co-operative Credit Bank, but not a trustee of the bank—I first heard of the bank by means of an advertisement, and I wrote this letter to the defendant on 25th December, 1873—(This requested to know or what purpose guarantors were required, as advertised for in the Daily News). I got an answer, but I have destroyed all the letters—the answer was an account, of the scheme which he intended to carry out, and I wrote to him for a reference,. as I knew nothing about him—he referred me to the town-clerk of the City of London—I have not got the letter—about 19th March, 1874, I gave him a guarantee for 250l., which has been returned to me and destroyed—it stated that I would guarantee to any person to whom that was given, the amount of 250l.—I think I had seen the defendant before that, at a meeting at the London tavern, at which he explained the scheme—I gave another guarantee in April for 40l. I think, and that has been returned and destroyed—I then deposited 10l. in cash—I got the defendant to sell for me twenty-five shares in the Credit Foncier, which realised 181l., and let him have the amount—in June, 1874, all the guarantees I gave him were returned to me, and I accepted bills to the amount of 188l. 18s. 6d., and on the same date I paid him 211l. 10s. 6d. in cash—on 19th July, 1874, I deposited 5l., on 19th August, 10l., on 8th October, 15l., on 19th October, 10l., and on 19th November, 10l., and on 1st November I gave him 500l. worth of acceptances, as he was very much pressed for money because he was getting out the stock of the British Imperial Life Insurance—I gave him those acceptances most relunctantly, he could not have gone on if I had not; he could not have advertised, and it was with the understanding from me that they should be taken up and returned to me in a fornight's time—there was no arrangement about the renewal of that 500l., but I understood that if they were not taken up they would be returned; that was the understanding with all the acceptances I gave him—three or four bills of 100l. each did come back to me, nearly the whole amount, and I had to meet them—the 500l. was in five 100l. bills at three months, drawn by Mr. Oakley and accepted by myself; I think they were payable at my bankers at Newton, but I am not quite sure—on 30th April, 1875, I deposited with the
defendant 270l.—my bills were taken up then; he had paid me for the bills which I had taken up, and this was a portion of the amount—he gave me a cheque for the 270l., and I handed it back to him the same day, and had a deposit note for it—I received 370l., and I handed back 270l.; he gave me a 100l. note in change—I made the next deposit when he paid me the other balance; I had then no outstanding bills at all—I had been pressing him for payment; it was very inconvenient to me—in August, when I received this money, that made all previous deposits and settlements settled up—I had deposited 450l. with him—these two letters are my writing. (Read—From the witness to the defendant, dated March 15, 1875. "My dear sir,—What is the use of your writing and bothering me about money. I have told you over and over again that I have not any, and that you have been keeping me for weeks past with scarcely a shilling in the house, and my Christmas bills unpaid. I must tell you plainly that, unless you shortly remit me some money, or if you allow any more bills to come back to me for payment, you will compel me, however reluctantly, to give you notice to withdraw from the concern altogether," &c, &c. The letter afterwards stated: "I enclose a letter I received' this morning from a brother clergyman. What can I say to him after the manner in which I have been treated? If, however, you will promise me faithfully to employ one-half of any investment that he may make with the bank, in taking my bills off the market and returning them to me, I will write as favourably as I possibly can. Let me know whether you agree to this, because if not I must leave his letter unanswered, as I could not recommend him to join it" The enclosure was: "Rev. C. H. Robertson presents his compliments to Rev. Mr. Good, and begs to have some information as to the working, &c, of the Co-operative Credit Bank, of which he is a trustee. Smeeth Rectory, Ashford, March 12, 1875." A notice from the witness to the defendant was here put in, stating that at the expiration of thirty days he should demand the payment of all money and interest of any kind, and the return of all bills not retired or withdrawn. Dated March 13, 1875. This was enclosed in a letter from the witness to the defendant, demanding 102l. 17s., for which amount he had been served with a writ.) It was true that he had been bothering me for money for weeks past—he wanted me to sell other things to meet these bills, which I did not choose to do—it was an understood thing that if I gave Mr. Oakley the 500l. acceptances he was to take them up with the first money he received—I think this (produced) is the letter I wrote to my brother clergyman who wrote to me for information, but I have not got my spectacles; I wrote what I felt—I was annoyed at the bills coming back, because Ooakley promised to take them up in a fortnight, or with the first money he received.
COURT. Q. Could you, knowing what you did, and having all these dealings with the defendant, write otherwise than unfavourably to a brother clergyman, that is what we wish you to explain? A. I certainly had the greatest confidence in it, if it was managed carefully, but it was the bad management.
MR. SOLICITOR-GENERAL. Q. Had you on 15th March every reason to be satisfied with the bank and its arrangements? A. I should not have liked to put money into it, so I do not know that I should say that exactly—I think the bank was not exactly judiciously managed at that time—I do not know that I had not reason to be satisfied with the bank and its arrangements; yes, I had—I had risked my money there and Mr. Robertson
could do what I had done myself—this letter is my writing. (This was to the defendant, dated 14th December, 1876, enclosing an amendeddraft agreement as to the terms upon which their future bill transactions were to be conducted, and mentioning the Rev. Mr. Sckolefield as a probable subscriber to the bank). I did not know who the Rev. Mr. Scholefield was, but I know that he had made an application about making a deposit—I think I had had a letter from him to ascertain my opinion of the bank—there is not a suggestion in that letter that I should come up and take part in the management of the bank, but to be there and see how things were going on; not to do any thing for which I was to receive payment; but latterly I was working for payment—that was from October, 1875, when he asked me to be at the printing office to see that things were kept straight—I was to have 200l. a year for that—it was a sort of general superintendence, to go there when I pleased and see that things were going on sight, to see that he was not robbed; they might sell the papers if I was not there—I cannot explain any more what I was to receive the 200l. a year for—I cannot tell you anything I had to do; I had no settled duty, I merely went and looked round and saw what was going on—I saw printing going on, and saw papers sold.
Cross-examined. Cambridge is my college—I was a perfect stranger to Mr. Oakley—after receiving a reference I became a trustee of the bank—I was appointed in April at the general meeting; the intended scheme was explained to me by the defendant at the meeting in London; we discussed the business of the bank in all its bearings, and I have the greatest confidence in it now, and if it was properly conducted it would be a most profitable thing or I should not have put my money there—I thought that too much was spent in advertisements and in the branches, and in the "Cooperative Review"—the defendant told me shortly after I joined that he had been a bankrupt—I have lost 450l., and also more money, which I am, I believe to pay as security—I became bound in the action, because the Kansas railway company security had to be lodged for costs—I think the 100l. paid to Mr. Beard, the solicitor, was for the action for libel and for the British Imperial, and against Mr. R. Ekyn, the stockbroker, for libel.
Re-examined by THE SOLICITOR-GENERAL. I had information from Mr. Kemp, before he died, what things were being worked at a profit—I was told that several investments were producing profit, but I do not know of one of my own knowledge—Icannot read without spectacles, but I believe this letter of January 28, 1874, is in my writing—I do not know how the large profits were to be made, but the defendant said that they were to be made—he told me that he had made profit on the Kansas bonds; that was before this, in 1873, you may take any date you please—I do not know that he told me that more than once.
By THE COURT. I sent back a letter from the defendant, saying that it would be satisfactory if some alteration was made in it, and I received it from him again—I have destroyed it since he has been in custody, but he consented to what I proposed—it was no good to me.
ROBERT ALLAN MCLEAN . I am a public accountant, of the Old Jewry—I was appointed receiver in the defendant's bankruptcy, on 22nd January, andtook possession of the premises of the Co-operative Bank, Victoria Street, and of the place in the Strand, and of the defendant's private place at Gravesend—I issued a direction to the different branch banks—my possession of the premises in London was disputed by another trustee, who bad to give way to me in consequence of an order of the Lords Justices—the
defendant's private safe at Victoria Street was. opened by a detective in my presence—I found there his short-hand writers books, containing correspondence in short-hand, and a few bills—the account books were in the other safe, and in the desks—I found the cash-book; the first entry in which is November, 1874—the books are not made out in such a manner that I could make up an account from them—I have seen printed copies of the balance-sheets of 31st March, 30th June, and 29th September, 1875—the first balance-sheet might have been made from the books, but not the others—I found at the "Financial Review" establisment, the plant of the "Review"—I went to the house at Gravesend, the furniture there was chiefly new—there were no business books there—there were two travelling cases, one empty and one locked—from the books I have inspected, the amount received from depositors was about 40,000l.—the cash I found at the head office in Mr. Oakley's bag was 1l. 18s. 11d. and from the agents, I received 29l. 5s. 5d.—I received some bonds of the Kansas Railway from Mr. Hudswell, value 1,000 dols. each, or 206l. sterling, and I believe there was an agreement with Mr. Vernon, relating to the Kansas Railway—the bonds were in a brown paper parcel, sealed—this is the wrapper (produced)—I do not know in whose writing this endorsement is on the outside—I do not know Mr. Hudswell's writing. (Mr. Hudswell hare stated thai he received the parcel from Dr. Good.) The first deposit appears to have been made on 2nd December, 1874, by one individual, according to the book—the entries show that 18 per cent was paid on deposits—the book does not show whether interest was paid on bills on deposit, I have had to ascertain it from entries scattered through the books—the interest on bills on deposit was at the rate of 12 per cent.—I also found that 5 per cent, interest was paid on the minimum monthly balance—I found claims against Oakley for advertisements—the total amount expended in advertisments and claimed is over 10,000l., about 6,313l. of which has been paid, but I cannot trace it exactly on account of the irregularity of the books—I am telling you from the books, and from the accounts rendered—2,977l. 8s. 10d. is owing to Mr. Gee, the advertising agent—there was a staff of gentlemen clerks at the head office, and a staff of ladies, and three lecturers—the books show that the payments to the lecturers were continued almost down to the stoppage—the last payment entered to a lecturer is in January this year—the amount returned 'to customers is, I should say, under 2,000l.—the bank had about sixty branches, and some branches were in course of formation on the Continent—there was furniture at the majority of the branches—I have since had numerous claims for the rent of the branches, and there was a distress in several of them when I. came into possession—the exact amount of liabilities according to this March balance-sheet is 724l.—the liabilities on 30th March were 4,584l. by the balance-sheet, and the defendant had 2,740l. to meet then, consisting of acceptances on hand, 200l. amount due by customers, 315l.; office furniture, 120l. 17s.; commissions, 861l.; those commissions were put in as assets but they were not assets—that 2,740l. is irrespective the 6,750l. put down as due from the Imperial Life Association and irrespective of all commissions—I have no agreement between Oakley and the British Imperial—I have seen papers in the case which purport to give the substance of it—I found documents in the papers which came into my possession showing that there was a dispute between him and the Imperial Company—the action was commenced in January, 1875, I think—no part of the 6,750l. has been paid by the British Imperial—the
defendant has spent 1,200l. or 1,300l. in advertising the Imperial Association—I believe these figures are correct; I have the amount in my notes made by myself when the case was before the Lord Mayor, and they have been corrected since—I have every material book here, but it would take several carts to bring them all—that is all my own writing, it is extracted from the books before me—as a matter of fact, no profit was realised, and if the 6,750l. was not reckoned the account wound have shown a loss—as to the 861l. commission, 800l. arose in respect of an agreement between Mr. Oakley and two parties named Nicholls and Crewe—I have found them out; Mr. Nicholls is the patentee of some signals which he endeavoured to impress upon the Admiralty and which were not accepted—no part of it has been realised—it is a patent lamp—I have had correspondence with Mr. Nicholls and have his last letters—that was with a view to realising it—I have not realised anything, nor is there any prospect of anything being realised—I cannot say whether these sums of 45l. and 15l. have been realised or not—in my opinion the 6,750l. was improperly put forward as an asset—the total gross profits shown in the June balance-sheet from the beginning of the year is 14,373l. 15s. 5d. and on the other side I find 8,611l. securities, which are composed of 50 bonds of the Keokuk and Kansas Railway, and come to 7,750l., and the commission of 861l. in the former balance-sheet—I cannot remember whether this is one of the documents delivered to me in the brown-paper parcel—the defendant had not at that date expended any money in placing the bonds of that railway—they were brought out in October, I think—I have endeavoured to realize those bonds but have not succeeded, I cannot find a market, and, therefore, I cannot find a market value—I find the gross profit for the quarter ending June put down at 8,000l., but I do not find that any profit was realised—I have been speaking of thirteen bonds, I have traced the rest of them to Mr. Frederick Adderley and Mr. George, an advertising agent, as security for a debt—Mr. Adderley has made large deposits, and he also lent 1,000l. on the security of these bonds as a special loan—this 922l. 4s. 9d. is not set down as an asset, though it is under the head of assets, some banks do that; other banks put down the expenditure on the credit side to bring out the gross profit, it is not correct to put it down under the general heading of assets; I cannot remember such a case—a loss of between 4,000l. and 5,000l. ought to have appeared on 13th June—a balance-sheet could not have been made out from the books—the securities, 21,250l., in the September balance-sheet are made up of 9,600l. in the Gilbert Mining Company, fifty bords at 150l., and other items—there was an expenditure of 400l. to float the company, but that is not a security, it is a contingent asset—if he had succeeded he would have got the money back—Nicholls, 550l., is not an asset, it is an agreement for the patent signals—Mr. Oakley acquired a twelfth part of the patent from Nicholls, who was to have the power of purchasing back at any time—he had expended nothing on the patent signals; in the event of the patentee electing to re-purchase it, he was to pay him 800l. and in the meantime Mr. Oakley held one-twelfth—I think the Oxford Building Society shares were deposited by Dr. Stannard with the acceptances as collateral security—I do not find that the defendant has paid any money in respect of those shares—the 1,400l. is taken on the credit side and on the debit side of the balance-sheet; that forma, I believe, part of the 40,000l.—I have been in correspondence with the Gilbert and Chaudiere Mining Company, and find that the defendant
has paid on their behalf 1,900l. in cash and 750l. in bills—four bills of 250l. each were given, of which one was paid—I cannot give you the date at the present moment of the payment of the 1,900l. cash, it would require leisure to find it—the four bills were due in December, 1875, and March, June, and September, 1876; one of them was due before the defendant was taken in custody, it was paid, but not at maturity; it was dishonoured—r I have been told that an execution was put into the bank in respect of it—the account is mixed up with cash received for shares sold—the party got 500l. in cash and 1,400 in bills—the 500l. in cash was apparently paid in September, 1875, and the 1,400l. was paid from September to January, the greater part of it after the balance-sheet of 30th September—the 1,400l. was paid thus: September 28th, 300l., 30th, 300l., October 8th, 300l., and then 100l. in December, and 300l., on 10th January; those sums are entered as cash to the credit of the mining company—I cannot find any market value for the Gilbert and Chaudiere shares—some were sold, because the price appears in the books—here is Mr. Adderley, 60l., and some to Dr. Stannard and Mr. Hinchliff, 160l.; they were all three depositors—I am not aware of any other sales—he paid the 1,400l. and he sold a portion of the shares—on 18th June 771l. 3s. 3d. was paid into the bank to the credit of Miss Matthews, independent of that the balance to begin with was 6l. 4s. 6 3/4 d—the book shows a payment of 277l. 15s. for a dishonoured bill, which could not have been paid if the 771l. had not been paid in—at the end of that day the balance at the bank was 324l. 11s. 10 3/4 d.—Dr. Stannard and had paid 60l. that day, for three 20l. shares in the Gilbert Company; he gave par value for them.
Thursday, August 10th, 1876.
ROBERT ALLAN MCLEAN (re-examined). On 30th September, 1875, the bank owed 32,609l.—I should say over 15,000l. had disappeared and was not accounted for; I am taking the whole liabilities on the one side as against the actual assets on the other side—I found among the books anaccount of the defendant's private drawing account—the amount of that account is about 1,400l. or 1,500l.—I see the amount in the ledger is 1,437l. 18s. 10d., the last payment was 2l. 6s. 4d. on 21st June, 1875—there is another account which I should not call a drawing account, it is charged with cheques drawn in Mr. Oakley's own name, but evidently for the purposes of the bank—that account was from April 16, 1875, to September 30th; the total amount drawn out by the defendant, according to that account, is 6,337l.—I have traced that as drawn out for bank purposes, I should say in every instance—Mr. Oakley also kept an account at Bosanquet's in his own name; it was opened on 30th March, 1875, with a payment of 2,017l. 3s. 7d., the date of the last entry in that account is June 3, 1875, but that shows a balance to credit of 172l. 2s. 4d.; that sum came into the cash of the bank, in the bank's cash-box—the total amount received into that account between March and June was 8,163l. 4s.—the profit and loss account for June is not brought forward in the September balance-sheet—it ought to have been; it was 10,180l.—I have the book showing the balances in the bank on different dates towards the end of 1875—on 6th November, 1875, it was 2,046l.; on 20th November, 441l.; on 26th November, 19l.; on 27th, 76l.; on 1st December, 349l.; on 4th December, 336l.; on 11th, 118l.; on 24th, 7l.; and on 14th January, 1876, 2l—at the time I took possession as receiver the assets of the bank consisted of a small amount of cash in the bank, in Mr. Oakley's bank and
the branches, amounting altogether to 31l., and of the furniture at the head office, the branches, and the house at Gravesend, the plant at the publishing in the Strand, thirteen bonds of the Keokuk and Kansas Railway, which formed the reserve fund, a number of shares in the Gilbert and Chaudiere Mining Company, unused stamps, some shares in the Warrington Bottling Company, a few bills for comparatively small amounts, I should say not over 100l., a small parcel of gold dust, and a few book debts; I estimate the value of those assets at from 2,000l. to 3,000l., that is including the cash, but exclusive of any value for the Keokuk and Kansas bonds, the Gilbert and Chaudiere shares, and the large claim against the British Imperial Association; some of the assets are not yet realised, it is impossible to state it exactly—after my examination of the affairs of the bank I am able to say that it was never in a position to pay interest except out of deposits and other monies of the customers; it started with nothing; it was never solvent—a few bill transactions, I think, did result in an actual profit, lending money on acceptances which were afterwards retired—it is impossible to make out from the books what the profit was, but I should say it would all be covered by 100l. or 200l. those are the only transactions I can point out as resulting in a profit—there were over 300 depositors; there were a large number of ladies among them, also gentlemen, tradesmen, military men, one magistrate to my knowledge, Mr. Morgan, and some artisans, the amount of the deposits ranged from about 1l. up to 3,000l. or 4,000l. from any single person.
Cross-examined. In saying no profit arose, I take into consideration the sum alleged to be due from the British Imperial Life Association, I put that down as nil; supposing that 6,780l. had been paid, there would have been a profit on the trading ending March 31st—that remark does not apply to Keokuk and Kansas bonds, I have excluded those because I did not find they were earned, if they had been earned; and of the value stated there would have been a profit, including the British Imperial amount also as good; indeed, the June balance-sheet would then have been substantially correct—I have gone through all the items to the debit in the three balance-sheets, I cannot trace most of them from the vouchers and the books, there are very many transactions of the bank which are not in the books at all, and I do not find the vouchers, I have traced the claims from the creditors; they claim more than is credited to them in the bank, and in many cases there are no accounts for them at all—lam prosecuting a man this session for embezzling 2,000l. and forging Mr. Oakley's name, and Mr. Oakley was called as a witness at the Mansion House that 2,000l. would not appear in the books at all on either side—Mr. Hudswell has come to my office whenever I have wanted him, to give me any information I might want; I find the expenditure on the "Co-operative and Financial Review "amounts to about 5,850l., as near as I can tell, money paid out for the "Review" and debts incurred and claimed—it is impossible to give you the amount actually paid, the greater part have been paid—the expenditure in advertising as near as I can get it was about 10,600l., printing, account books and stationery about 4,340l., the printing there is apart from the "Review;" the rent of offices, including branches, was 4,198l., including taxes; salaries 3439l., interest paid to depositors and other companies 2,200l.—expenditure for lectures 1371l.—there were about sixty branches; the amount paid for those is included in the figures I have given—I cannot tell you what the balance was in the agent's hands on 15th January, 1876—I have had a
number of returns from the agents, but not the whole; most of them would be in the bank on 15th January—I hare an analysis showing the total balance in the hands of agents about January 15th, that is the last return taken from the books; it is 412l. 17s. 3d., some have been sent since my appointment; I should state also that the same returns show cash due to the agents 426l.—the net balance as shown by themselves is 12s. 4d.—I have the balance-sheets at my office, I can send for them—I have gone carefully over the books myself, my clerk baa done a great deal of detail by my instructions; I am acquainted with the books to a large extent—I find that in October and November there was a considerable run upon the bank—I see on 4th December, 1875, there is 1,008l. to the credit of Mr. Adderley, and on 19th January, 1876, it was reduced to. 377l., the chief reduction was by a transfer, a payment to Mr. Oakley himself for Gilbert and Chaudiere shares—it was a simple transfer, no payment, a debit on account of shares bought by him—the account of Mr. Henry Bryce, on October 22th, was 72l., and on 20th January, it was 25l., he had drawn out the difference; Mr. J. Dupres balance on September 6th, was 140l., and on December 31st it was 74l.; Mr. D. W. Dowling's balance on August 27th was 140l., and on January 1st, 10l.; Mr. Springett's was 870l., on August 28th, and on 22nd November, 62l.; Mr. W. B. May's was 130l., on 27th September and on 14th October it was nothing; Mr. J. Scott's was 19l. on 12th July, not 148l.; Mrs. Emily Morgan's on. 30th July was closed; on July 16th Mr. M. G. Clingender's balance was 150l., the account was then opened, on 1st October it was reduced to 3s. 3d., at which it still stands—the total balance of cash in the bank on October 1st was 4,716l., and it became reduced by the end of November to 343l.—a bill-book was kept at the head office, and there were bill transactions at a few of the branches—the total amount in the head office bill-book is 9,382l., and at the branches there might belperhaps another thousand or two, speaking roughly—with regard to the drawing account at Bosanquet's, I believe the usual practice was for Mr. Oakley to draw a cheque everyday fora sum that was given to Mr. Beddy to pay the depositors with, and the balance was repaid into Bosanquet's again—the tellers in the bank were fed by cheques drawn on this account, while it lasted, by Mr. Oakley, in his own name; then money was paid back from the bank and deposited at Bosanquet's to Mr. Oakley's account, not to the amount of the cheque, no specified sum, no specific balance daily—I find the sums paid in are very often round sums, not exact balances—at the end of the day, whatever there was to pay was paid to Bosanquet's—the business was not all done through Bosanquet's, a portion of it was, from March to June, 1875—the furniture of his house was paid for out of his private account the furniture was sold and fetched about 300l. at an auction, under his bankruptcy, seized and sold for the creditors—I believe I heard that up to sometime in the autumn Mr. Oakley lived in lodgings—when I took possession I. saw two women servants in the house, it was a house of about 70l. a year—we have made inquiries to see if any of those charges against Mr. Oakley in his private account, such as 2l. on 4th May, and 5l. on 6th May, were used for bank purposes and we have not been able to trace any—Miss Rammage was the head of the young ladies department; I can't say that a considerable portion of these sums were paid to her account for stamps in the usual work of the office; I have no vouchers from Miss Rammage to explain any of these items; her vouchers are not here; I can send for
them—I am not aware there is an error in Mr. Oakley's private account, and that a balance of 80l. is due to him; I should say the amount I have given from the ledger is less than I have analysed from the cash-book; I think Mr. Oakley has already given some evidence before the Bankruptcy Court; he has tendered himself for his examition, I thought fit not to examine him, with a criminal charge hanging over his head; the examination was adjourned till after this trial.
Re-examined by THE SOLICITOE-GENERAL. Adderley's account begins in September, 1875—at the close of the bank there was between 300l. and 400l. due to him on the drawing account, but a very much larger sum on deposit—Bryce's begins in August, Dupre's in May, Dowling's in July, Springett's in July, May's in September—Clingender's account is not marked here—at the time of the closing 1,599l. was due on current accounts in June, 607l. was due on current accounts—between June and September there was a large increase in the amount of the current accounts; in March it only was 95l., and in September it was 3,915l.—there is only one payment to Mr. Oakley on Adderley's account during the period I was asked about—there are others before that, they are chiefly for the Canadian Mining shares; the money still remained in the bank—I don't find Mr. Oakley's name in Dowling's account—there was an account of the Canadian Company in the books—I have analysed the account; there is also an account of the Keokuk and Kansas Company—I should say there is simply the heading of the account in the ledger, but we have posted it up from the other books.
MAJOR-GENERAL JOHN HAWKINS GASCOIGNE . I live at Ivy Bridge, near. Plymouth—I am a General in the British Army—in consequence of an advertisement of the Co-operative Credit Bank which appeared in February and March, I wrote for a prospectus, and in answer I received a circular and prospectus; I do not remember the date—this is it. (This was a printe circular, dated February 9th, 1874, signed R. B, Oakley, accompanied by a letter, requesting the witness to become a trustee of the reserve fund, with an honorarium of 100 guineas per annum, and stating that no pecuniary liability attached to the office. The prospectus was also read)—I became a trustee of the reserve fund only, never of the bank; the reserve fund was represented to consist of Consols and Government Securities—in the first instance I provided a guarantee of 500l.—I received this letter from the defendant. (This was dated 13th March, 1874, announcing that subscriptions would be received, and stating that the trusteeship would not involve personal attendance, and that the investments were made in Consols, and transfers would be forwarded for signature as required. Other letters, dated 14th and 18th March respectively were also read, announcing the names of the proposed trustess and enclosing a prospectus). During the year 1874, I provided a number of acceptances for carrying on the business of the bank in the terms of the prospectus, altogether to the amount of 500l.—those acceptances were ultimately taken up—there was a good deal of difficulty in taking them up from time to time they were renewed—I wrote to and received a great many letters from the defendant in relation to them. (Letters from the witness dated 17th April and 21st April were put in and read referring to to these acceptances, and expressing annoyance at the manner in which they had been presented.) At the time I wrote that last letter I do not think I had received the balance-sheet of 31st March—I do not think that balance-sheet was published till May or June—I received this letter from the
defendant on 14th April. (This explained that the delay of the issue of the balanee-sheet was owing to domestic affliction in the family of Mr. Hudswett.) This letter of mine of 2nd May acknowledges the receipt of the balance sheet (read)—on 13th May, 1875 I Bent Mr. Oakley a further acceptance for 200l. I afterwards received the balance-sheet for the quarter ending 30th June, 1875, in due course, I read it, and afterwards wrote this letter of 6th August, to Mr. Oakley. (This alluded to some anonymous letters containing unfavourable remarks about the bank.) I received the balance-sheet for 30th September, 1875, and read it—on 29th October, 1875, I wrote this letter to the defendant. (This also alluded to the persistent attach on the. bank both anonymously and by the public press, but expressing confidence in the undertaking). During the year 1875 I received regularly the "Co-operative and Financial Review," I subscribed to it six months in advance, according to the terms printed on it—the balance-sheet was never published till about five weeks after the date—I had further correspondence with the defendant about the attacks made upon him in the newspapers—I was asked by him to guarantee a sum of 80l. for the prosecution of "The World "on the part of the Keoknk and Kansas Railway Company, and on 10th December, 1875, I wrote to him this letter. (This agreed to the request for the 80l. guarantee.) I received this little pamphlet from the defendant, I can't say when, I presume when it was published—my first interview with the defendant was on 29th January, 1875; I then asked him about the bank, how it was progressing, and he spoke of it most favourably in every way—I might have had two or three more internews with him after that, I think one was in May, 1875, and one on 1st December, 1875; there might have been one between May and December, but I don't remember the date, and I am not sure that there was one—at those interviews I always spoke to him in reference to the bank; he always assured me that everything was satisfactory and in a most flourishing state and that it was sure to prosper; he inspired me with full confidence at every interview—the interview on the 1st December was at the bank, I spoke to him then about the condition of the bank, and he assured me that it was most prosperous and everything was well in spite of the attacks in the different papers—I had at that time seen the balance-sheets for March, June, and September—I paid in 400l. in the name of one of my daughters as an investment at that time, and just as I was coming away, he said to me "By-the-bye, General, I have no acceptance of yours now, it will be of use to me," and I had such confidence in him that I gave it immediately, dated 1st December, for 200l. at three months, that acceptance ought to have been renewable by the bank, but the bank was closed, and of course I had to pay it when due—I never received any part of the 400l. out of the bank—at the time I invested that money and gave the acceptance I had no idea of what I have since learnt as to the real state of the bank; I had confidence in the state of the bank, not only from the assurances of the defendant, but from the balance-sheets; I trusted entirely to the balance-sheets being certified and signed by public accountants.
Cross-examined. I saw Mr. Hudswell's note at the foot of the balance-sheet: "We hereby certify that we have examined the books and find it correct"—my first interview with the defendant was on 29th January, 1875—there were continual attacks made on him by the press, more so towards the autumn of last year; they were very violent then—Mr. Oakley informed we in the first instance that he had been a bankrupt, but I did not understand
the different degrees of bankruptcy; he said it was upon Stock Exchange transactions; I have not seen anything of the bankruptcy proceedings, I was satisfied with Mr. Oakley's explanation that it was some Stuck Exchange affair, and I did not think so much of it—from time to time anonymous attacks were made upon him and sent to me, and on one occasion I replied to those attacks in the local papers—on one occasion I required 200l. and the bank advanced it to me, as a matter of business; a portion of it is still due, a portion is paid, the rest will be paid when due; it was to be repaid at intervals of six months, I pay it as it falls due—the 100 guineas I was to receive as trustee of the reserve fund was placed to my deposit account, I suppose 18 per cent, interest was given upon that—I must have received it, I think, for six months; and the other 12 percent, on the bills—I gave a guarantee, in the first instance, in the terms of the prospectus for the purposes of the bank; I did not inquire what it was for; it was to provide capital for the bank—I was not consulted as to the investment in the Keokuk and Kansas bonds, I was told after it was made that that was the reserve fund, I think that must have been in September or October last—the 200l. was advanced to me in August, 1875—there was no pressure put upon me by the Naval Bank, they asked me for the money and I settled it; the 200l. was advanced upon terms for that purpose, as it would have been by any other bank—in July and August I did not, that I am aware of, offer to subscribe another 500l.—I was always applied to, I did not offer—I am not sure whether the defendant declined and said he did not want it, I think there was something of the sort—my offer must have been in writing; in April I reduced my acceptances from 500l. to 200l.; there was some correspondence about it, I had confidence in the bank and I think I offered it, and it was refused; it was not required, the funds of the. bank were so good—this was about July or August. (A letter of 9th May from the witness was read, stating: "I have to acknowledge cheque for 18l. 6s. 2d. as the amount for interest on 15th inst. on two bills you have of mine, reaching maturity. I am quite willing to give acceptances to the amount of my guarantee.") That was 500l. altogether, not 500l. in addition; it was 300l. in addition to keep up the 500l., for which I had given guarantee; I knew the general principles of the scheme and I believed in it entirely; I thought it very good and feasible, I believe it could be worked out—I did not know what sums were being paid for advertisements and different things, I knew it was considerable, it must have been very large—I knew that a considerable outlay must be incurred to establish the bank.
REV. CHARLES HOPE ROBERTSON . I am rector of Smeeth, near Ashford—in consequence of seeing an advertisement I wrote for and subsequently received a prospectus of the Co-operative Credit Bank; I observed on it the names of the Rev. Dr. Good and General Gascoigne—I wrote to both of those gentlemen and received answers from them—in consequence of those answers and what I saw in the prospectus, I made a subscription to the bank, to the extent of 2,000l. at first—that was at the end of March, 1875—I received a deposit receipt for my advance—I forget whether I received any letters from the defendant before I sent my 2,000l.—I had no personal interview with him before then—on 22nd April I received a balance-sheet for the quarter ending 31st March, 1875—on that day and on 24th I wrote these letters to the defendant. (These requested information as to the nature of the bank's connection with the British Imperial Life Association which occupied so large a share in the balance-shed.) I have not got
Mr. Oakley's answers with me, I have simply brought such letters as I thought of importance—they explained exactly as was done at the general meeting, as to what the nature of the claim was, that it was not yet realised, but that he was sure to get it in point of law—I was present at the general meeting, and that was what Mr. Oakley himself said—there was a report of the meeting published in the "Co-operative Review;" it was to the effect that the company wished to issue some new shares, and he undertook to issue them at a certain percentage, and that before he had been able to issue them a mistake was found in the prospectus of the company, which led to the shares not being able to be issued; but as the fault was due to the company, he said he had still a claim for his commission, and that his lawyer said he was sure to get it—he said that the company had issued names of directors without the sanction of the persons whose names were there, and this was discovered and exposed—I have here a copy of the report. (This was put in and read.) I made a speech myself, it is substantially reported there——he told me the British Imperial claim was disputed; I did not know that it had got into litigation before the bank was started—I was not aware that a bankruptcy would have intervened and prevented his transferring to the bank any money that was receivable upon it—on 9th June I wrote a notice of withdrawal of 800l.; that was from no doubt of the solvency of the bank, I simply wanted the money, I may say that it was not' carried out. (The letter and notice of withdrawal were read.) On the 10th I wrote to him this letter explaining my notice of withdrawal (read)—I received an answer to that from the defendant on 11th June, 1875, I have not got it; it pointed out that it was necessary to give six months' notice, I. had—forgotten that, so I managed otherwise and left the money in the bauk—I think the letter was from Mr. Hudswell on the part of the bank; I think he said that in spite of that he would arrange it if I wished, but I declined—on 17th June I wrote again (This stated that he had received from the Archbishop of Canterbury and others representations against the bank, to which he felt it difficult to reply unless furnished with information for the purpose.) I got an answer to that; I have not got it. (The reply was read from the defendant's press letter book, it was dated 18th June, 1875, and stated that these attacks were parts of an organised raid against the bank, which, in spite of all, was certain to succeed. Two other letters from 'the witness, dated June 23rd and July 23rd, 1875, were read, calling attention to injurious reports as to the state of the bank and the character of the defendant; a letter from the witness of December 27th, gave notice of the withdrawal of 1,500l., to which the defendant replied on 28th December, staling it was out of his power to accede to the demand, as nearly all the available cash had been drawn out, and if, instead of withdrawing, he could pay in a few thousands it would be of material assistance; another letter from the defendant of 1st January, 1876, suggested that the witness should receive the 1,500l. in Gilbert and Chaudiere shares, which were of a most satisfactory character. On 5th January the witness replied that the shares 'could be of no use, and expressing his willingness to take monthly instalments of 300l.; in a letter of January 6th, the defendant suggested that the witness should take the lump sum at the end of the month, to which the witness wrote an assent.) In one of my letters I spoke of the June balance-sheet as removing all doubt as to the feasibility of the scheme; I perfectly believed the statements in that balance-sheet—besides the 2,000l. which I handed over, I paid another deposit of 300l., I think, on 4th May, and I once or
twice sent money on my current account—the entire indebtedness to me at the close of the bank was not more than 20l.
Cross-examined. The only two sums which I placed on deposit were 2,000l. in April and 300l. on 4th May, the meeting was on the 3rd—I deposited the 2,000l. on the faith of the prospectus, and the answers from the trustees—I was about to invest the 300l. in the Egyptian loan of 1873, I had requested Mr. Oakley to invest it for me, but I forwarded it to him on deposit instead—I know a little about figures in a practical way—I went over this balance-sheet at the meeting item by item—I knew at the general meeting that the sum claimed from the British Imperial Life Association was a disputed amount; I knew it as soon as I got a proof of the balance-sheet—I got the balance-sheet before the meeting, and saw that in the balance-sheet, and made inquiries about it—I don't know that the British Imperial directors disputed owing anything—I wrote to the secretary of the British Imperial, and received an answer, the substance of which was that they would not acknowledge their liability; it was a short answer, I sent it to Mr. Oakley—I placed the 300l. in the bank, owing to Mr. Oakley's explanation—Mr. Borlase, the banks' legal adviser, was at the meeting, and on being appealed to, he said there was a claim; he did not say that Mr. Oakley could enforce it—my drawing account consisted principally of interest on my deposits, I received regularly the proper interest, 18 per cent, on my deposits—I drew it out from time to time as I wanted it—it was stated in the balance-sheet that the cost of printing and publishing the "Co-operative and Financial Review "was paid out of the money in the bank, and I believed it—I was also informed of the attacks made upon Mr. Oakley—I did not know till late in 1875 that he was charged with being a bankrupt—I knew it then, by his replying to those attacks, in the. "Financial Review"—I relied most entirely on Mr. Hudswell in his reports and in all the transactions of the bank; he was the accountant appointed by the depositors, of whom I was one.
Re-examined by MR. GORST. At the time I put in the 300l., I did not know that the defendant had been bankrupt—I received from the defendant this letter, of April 29th. (Read: "Dear Sir,—Mr. Bird is only splitting hairs. They affect to say that they dealt with me in my individual capacity, and I am suing them, but, of course, for the benefit of the bank. If you wish to inquire anything further, please do so of our solicitor, Mr. John Borlase, whose offices are here, and he will show you every paper connected with the bank Do not correspond with the enemy, it must weaken my hands. I have telegraphs from Lancashire this morning to the effect that the Trades' Union and Co-operative Society of Chorley and Addington have joined our bank with several thousands of balances. I have no doubt we shall have more than a million of deposits before the end of the year."
HENRY WALKER . I live at Fowler Height, near Deptford—I am not in any business at present—I was one of the trustees of the Co-operative Credit Bank—I was considered as a trustee with respect to the reserve fund, and I suppose they called me trustee in respect of the bank and all—I did not understand it; I supposed they were both alike—I assisted to manage the branch at Blackburn, for a week or so—I had nothing to do with that at Warrington—I first became aware of the existence of this bank by one of the prospectuses or circulars being sent, some time in Jannarv 1875. I think—during the year 1875 I received various numbers
of the "Co-operative and Financial Review"—about 12th January, I dare say I received a circular or prospectus from Mr. Oakley—I will not be sure about the date—I received two or three, I think—the first payment I made to him was on 11th January, 50l.; which I paid in as a deposit, on 13th January, I paid him another 50l. on deposit; on 11th February 100l.; on 16th February 100l., and on 27th February 20l.—I first saw Mr. Oakley personally in May, at the office, in London; I think Mr. Beddy was present—I don't remember exactly what passed; I suppose I showed him the prospectus—I do not remember what conversation passed—I put in 100l. then—after that conversation, on 26th May, I paid in 100l.; on 4th August, 50l.; on 27th August, 30l.; on 7th. September, 400l.; on 8th October, 200l., and on 3rd November, 10l.—these (produced) are the deposit receipts for those sums, which I received from Mr. Oakley, except the one of 3rd November, which I received from the branch office at Blackburn—I received from Mr. Oakley the balance-sheets of June and September—on 8th October, 1875; I sent him my acceptance of a draft of J.J. Farrer & Co.—I was to receive 12 per cent interest on that bill, it became due on 13th January, 1876, I wrote to him about it; I obtained a further bill from Messrs. Farrer which I accepted and forwarded to him to meet the bill then coming due, this is the bill; that 200l. bill was presented and dishonoured; I was threatened with a writ; I sent a telegram to the defendant; he did not reply to it—all the letters I had from Mr; Oakley are in Mr. Wontner's hands.
Cross-examined. It was not the payment of the 100l. as trustee that caused me to put my money in—I did not care about the 18 per cent, if he could not make the 18 per cent pay he could make less pay, I simply believed the affair was an honest transaction, and on that account I was not particular about the interest, and I explained that to him afterwards and said I did not care about it if it was 10 per cent.—I have stated "I deposited the money because I expected to receive 18 per cent on the deposits and I thought it was likely be a good thing;" that is true—I did not receive my 18 per cent regularly up to the time of payment being stopped—before I retired I was in business some years—I did not appoint Mr. Entwistle at Manchester, I named him as the likeliest man I knew there, he did a certain amount of business there; I don't know about his discounting bills, I had nothing to do with his bills, or with him; I got connected with him in consequence of his being a shareholder in a colliery, and he was the only man I knew that was likely for the business, he was simply a broker; I believe he lost money for the bank, I don't know what, I did not inquire; he is at Manchester yet, he has not been away at all that I know of; he did not take the bank at first, when I named it, he would not have anything to do with it, and he and Mr. Oakley then arranged about another man and I had nothing further to do with it.
JOHN CROOT . I am a tailor, of Noel Street, Berwick Street—at the beginning of 1875 I saw an advertisement, after which, on 18th February, I saw the defendant and said that I had read his advertisement and wished to make a deposit of 10l., which he accepted and gave me a receipt for—I afterwards received a balance-sheet up to 31st March—on May 10th I deposited 30l., on 16th July 10l., on 16th August 200l., on 6th September 20l., on 21st September 10l., on 20th November 30l., on 2nd December 20l., and on 5th December 1l., making 335l.—after the first deposit the "Co-operative and Financial Review" was sent to me regularly—I also received
the June and December balance-sheets in due course—I signed an acceptance for 500l. on 2nd September—I sent it to the defendant to be renewed and it was replaced by a second—I got this receipt "Received of Mr. J. Croot 500l. by acceptance on deposit in terms of prospectus. 31st March, 1875. R. B. Oakley"—when I gave the acceptance on the first occasion I gave him 500 debentures of the Credit Foncier and 500 of the East London Railway—I received from him 12 per cent interest—on 31st August I received this letter from the defendant. (This was dated August 30th, 'informing the, witness of the market price of certain shares.) I heard again from him on September 1st. (This letter enclosed a blank transfer, with a request that the witness' daughter would execute it; also a bill for 500l.) To the best of my recollection I sent the defendant a cheque for 31l. 1s. 8d. on 5th September and he returned me 11l. 1s. 8d.—the bill was renewed in December and became due on 8th March and I honoured it—I have not received any of the securities back; I received every farthing of interest, but nothing more—when I gave those acceptances in September I had seen the March and June balance-sheets and believed them to be true; had I not I should not have gone on as I did—I did not know that the defendant had been bankrupt.
Cross-examined. I thought the bank would pay me 18 per cent on deposits, and I got 18 per cent.: that was a good deal more than I could get anywhere else, and it was always paid me—I did not get 12 per cent. On bills besides interest on debentures, there was one debenture due which I received—I quite understood that Mr. Oakley was at liberty to sell or dispose of my securities on condition that they should be returned at the end of six months, and before the end of six months he was taken in custody.
MR. COLLINS here put in a copy of a letter in the letter-booh from the defendant to Dr. Good, dated March 15th, 1875, which stated: "I am in receipt of your two favours, your best plan is to pay the 100l., &c, and I will repay you out of the loan of 500l., which I hope to get out of the British Mutual," &c, &c. "I should advise you not to reply to Mr. Robertson, if you take hostile proceedings against the bank, I cannot undertake to give you any portion of the money he may subscribe; I shall endeavour to do what is right without fear of any threats."
HORATIO RICHARD SNELGROVE . I formerly lived at Exeter—I first heard of the Co-operative Credit Bank by advertisement, and applied to the defendant for a prospectus—I received a letter in reply and a prospectus—I cannot say whether I also received a copy of the "Review "then or subsequently—I made an application to Dr. Good, and received this answer—I then wrote this letter to the defendant. (Dated 29th May, 1875, and enclosing a crossed cheque for 200l.) I cannot say for certain whether 1 had received the balance-sheet when I sent the cheque for 200l.—I afterwards received this letter. (This was dated 11th December, 1875, from the defendant to the witness requesting him to combine the office of trustee, with that of agent at Exeter, which he could do if he invested 1,000l.) There was some little difficulty about my combining the offices of trustee and agent, but I was ultimately appointed both trustee and agent for the. Exeter branch, and I carried on the Exeter branch until the collapse of the bank in January last—I afterwards wished to resign the trusteeship and received this letter from the defendant. (This stated that it would be very unadvisable to change the trusteeship at that time.) On 1st October, I
received a letter from the defendant enclosing a 100l. bank-note for the branch—the book will show what other sums I received—I wrote this letter to the defendant. (This was dated October 13th, 1875, referring to an article on the bank in the" World" newspaper, and requesting permission to horsewhip the author of it.) At that time I had the most implicit belief in the defendant and in the bank—I applied early in January for more money for my branch, and after several applications received a cheque for 20l. in this letter. (Dated January 10th, 1876.) I acknowledged that cheque on January 11th, by this letter, and on the following day I wrote this letter. (This requested the defendant to inspect the general balance-sheet of 1st January, and he would see the reason why the 20l. and the 100l. had failed to put the bank in comfortable circumstances.) On 14th January, I wrote this letter to the defendant. (This requested the fullest particulars about a returned cheque of the day before,. and asked for notes instead of cheqes in future.) That returned cheque was one which I had given him, which when handed in for collection was returned—I paid the cheque into my bank and they returned it, and Mr. Oakley sent me some post-office orders to pick up the cheque—it was not paid on presentation and I then wrote the letter of 14th January—I then got this letter from the defendant (This was dated January 15th, and stated. "The reason why your cheque for 20l. was returned was that at the moment we had no money to meet it, we therefore did the next best thing, which was to send the money to pick I it up.") In consequence of the alarm I felt at the position of the bank, I came up to London on Monday night, 17th January—I did not see Mr. Hudswell till the Wednesday—previous to my coming up, I think it was on the 13th, I had written to Mr. Oakley resigning my position as agent. and trustee, and this (produced) is his letter acknowledging the receipt of mine—I saw Mr. Hudswell on the Wednesday, and after that put myself into the hands of my lawyers, Messrs. Trauley and Crauford, who applied at the Mansion House for an information—I have not had my 200l. returned to me—I am sure that I wrote the letter resigning my trusteeship before I saw those gentlemen, it is dated from Exeter—the letter (produced) was written subsequently to the other—the reason I gave for resigning was that I was in business as a surgeon at Exeter, and I found I was likely to suffer a great deal through my connection with the bank, I could not carry the two on consistently with public opinion—I offered to write a letter saying that I was resigning simply on account of that—that was on Saturday 15th—I also proposed to appoint my clerk, Bloxam, in my place—my lawyer told me that if I did not lay an information I was open to an information being laid against me—he said "You are under a very great difficulty if you let the business go on, and you must lay an information or take proceediugs, or you will be proceeded against"—I probably received 200l. for' carrying on the bank at Exeter in January, but the book will show that.
JOHN JOSEPH . I am a licensed hawker, and have lived at Plumstead over fifty years—I saved 68l. and that I invested with Mr. Oakley—I paid him 2l. on 15th October, 2l. on 29th October, 50l. on 29th September, and 5l. on 7th January—I received a balance-sheet—he represented in the "Financial Review" that it was a safe concern, and when I found he was pretty near broke, he said "You cannot draw the money without two months' notice, and after that you mustgive another month's notice"—I received the "Financial Review "every week—I believed what was stated in it or else I should not have put my money there.
Cross-examined. I did not read the "Review "all through—I heard a man lecture at Alexandra Hall, Powis Street, who said I should get 18 per cent.—I believed that, and because the lecturer said that I should get 18 per cent. I put my money in—I did get 18 per cent till within the last week, of Mr. Oakley being taken—he represented that other banks gave such a large amount to directors and trustees, but that to his directors and trustees he gave no salaries, therefore he said' That is the reason I can give you 18 per cent," and he ran other banks down because they were paying large salaries, and he was giving no salaries—I never saw Mr. Oakley, a man named Finley managed that bank, the Woolwich branch—his saying that he could give 18 per cent, was done to defraud other people out of their rights, that is about the truth.
HENRIETTA MARGETSON . I am the wife of John Margetson, of Hammersmith, inspector of the West Middlesex Waterworks—I saw an advertisement last summer in the "Standard," in consequence of which I wrote to Mr. Oakley and received this prospectus in reply, and a printed letter signed Hope Robertson, and a small printed book containing the balance sheet for June 30—my husband and I read them and I went with him to the bank on 8th October and deposited 230l. believing what we had read in he papers we received—on 21st October, 1875, I received this letter from Mr. Oakley. (This was dated 20th October, 1875, inviting public subscriptions to the issue of 500,000 bonds in an American railway into the bona fides of which he had made minute inquiry. The letter concluded: "I ask you to unite with me in supplications to. the Great Disposer of all things that our operations may be blessed with His favour.") On 10th January I deposited with the defendant two cheques amounting together to 6l. 18s.; they were for 3l. 9s. each—I had received them from the defendant as interest on my deposits, and I added gold and silver, making, with the two cheques, 20l.—I received this receipt (produced)—I received a "Review" from the bank every week—one of those "Reviews "sets out the balance-sheet of September 30, 1875, and I believed it to be correct.
Cross-examined. I never saw Mr. Oakley—the interest, 18 per cent., was paid monthly regularly, and I paid it in again—18 per cent was more than I received anywhere else, or else I should not have taken it out of the other bank; seeing the names of all the trustees and of the Rev, Mr. Robertson made me do it.
Re-examined. I did not get my money back.
THOMAS MONCRIEF . I am a grainer, of All Saints' Row, Westbourne Park—at the end of October, 1875, having seen an advertisement in different papers, I called at the bank in Queen Victoria Street—I asked to see the' manager, and was shown into the private office—I said that I had a little investment to make, and before doing so I thought of making a few inquiries, and asked him how he could manage to realise such a large percentage as 18 per cent.; he said that it was the way he had of handling the money—I said that the money belonged to ray sister, and it was pretty well all she had, and I wanted to do the best I could with it, and if it was not safe I declined to have anything to do with it—he said it was as safe as the Bank of England—I then deposited 100l. on 6th November, but did not see Oakley on that occasion—when I saw him on the first occasion he said that he could not touch a shilling of the principal, and that the whole of the expenses were paid out of the earnings of the money—I received one month's interest, and returned the cheque to be added to the principal
—I did not know that Oakley had been a bankrupt—when I went to. The bank the clerk gave me one of the balance-sheets to look at, and some of the prospectuses of the American railway—I believed the bank to be solvent from what the defendant said in the prospectus.
Cross-examined. I returned the cheque for the month's interest; I wanted it quarterly instead.
JOHN DUPRE . I am a wire worker at 475, Mile End Road—in the early part of last year I saw the prospectus of the Co-operative Credit Bank, and called at the office and saw the defendant; I told him I had received a prospectus and the treatise respecting the scheme of the bank, and if it was what it represented I had occasionally a little money which I should be very pleased to deposit—he said "I have no doubt, whatever business you feel disposed to do with the bauk, it will be quite satisfactory to you," and I said that I would leave a deposit of 50l. on current account; that was in April, 1875—on several occasions when I called for my book he said that the bank was a bond-fide affair, and he always represented that it was doing a most excellent business, and that nothing could prevent it being a very large concern—on the last occasion he said, respecting the bank and the safety of it, "It is a bond-fide affair, for the occasion that other parties are speaking so much against us, is that we are doing a larger business, and they are only cross and vexed to. think that they are not with us"—besides, the 50l. I put in in April, 1875, I paid in another 50l. on. 26th July and on 30th August 50l., on 16th June 60l., and on 3rd September 22l. 10s. 2d.—in September I purchased from the defendant four promisaory notes for 25l. each, which fell due on 9th December—I want to the bank on. 9th December to obtain payment for them, and saw the defendant, in his private room—he asked me if I had seen the last balance-sheet for 30th September—I said that I had, and I thought if that was correct all parties connected with the bank ought to be very well satisfied—he paid me my promissory notes with two 50l. Bank of England notes—I said that I would leave one of them with him on deposit, and if the bank was in the position he represented I should have no objection to give him an acceptance for 100l—I asked where the acceptance was to be payable; he said "You will find no difficulty about that, make it payable wherever you feel disposed, and when it becomes due we shall take it up; you will have no further trouble, only we shall have to ask you for a renewal"—that bill has become due, and they are now sueing me upon it.
By THE COURT. He said "The bank is quite safe, and you know as a man of business we can give what we represent to give in the way of interest"—that was on 9th December.
Cross-examined. On one occasion Mr. Hudwsell was in the office, and he said "This is Mr. Hudswell"—I have not the slightest recollection of saying "Mr. Oakley introduced me to Mr. Hudswell—the defendant said he had nothing to do with the balance-sheets, Mr. Hudswell made them out"—I see that I have signed that, but I have not the slightest recollection of it.
Re-examined. I was examined at the Mansion House in January or February; that conversation would be more fresh in my memory then than it is now.
Friday, August 11th, and Saturday, August 12th, 1876.
GEORGE EALTNG SMITH . I am a ship chandler, of 2, Aldgate High Street—on 21st January I went to the Co-operative Credit Bank with a crossed-cheque for 109l. 7s., on Barnett, Hoare, drawn by the, General Iron
Screw Company—I saw the defendant and told him I wished to pay it in to a drawing account—I gave it to him and received a cheque-book from him—I told him that I wanted to draw immediately, and he said that I could do so—I returned to my office, and about 12.30 the same day a communication was made to me by a clerk from the Co-operative Credit Bank, in consequence of which I went to a friend of mine, named Clark, and drew a cheque for 64l. 2s. 9d., having previously drawn three cheques for 18l., 15l., and 12l. 2s. 2d., which were still in my possession—Clark went into the Co-operative Credit Bank with these cheques, but he had not got the money when he came out—I then went to Messrs. Barnett, Hoare's and received a communication from them—I presented the three other cheques three or four times on the same day, but they were not paid.
Cross-examined. I believe Mr. Oakley was taken in custody ten minutes after I paid in the cheque—I do not know that out of the proceeds of that cheque 100l. is in the Lord Mayor's hands; it was in the Lord Mayor's clerk's hands, but it has been given up to Mr. McLean, the receiver—I meant to pay the cheques in and draw out the proceeds the same day—my idea was that the bank was good for the day; I did not know anything about it.
WILLIAM SMITH (City Police Sergeant). On 21st January I received a warrant for the defendant's apprehension, and about 12.30 I went to the manager's office at the bank, and saw him writing at a table—I told him I had received a warrant for his arrest from the Mansion House, signed by the Lord Mayor, and read it to him—he said "I have an answer to the charge," and called Mr. Kent, one of the people connected with the bank, and sent a message by him to Mr. Edmunds, the solicitor—a small bag was lying on his left side, I said "Is this your bag?"—he said "Yes," and I took possession of it, and took him to Bow Lane Police-station, where the charge was taken from the warrant and read over to him—he said "Who are the parties charging me?"—I said "You have heard their names read, Mr. Snelgrove and Miss Matthews"—he said "Miss Matthews! impossible" I searched him and found a bundle of keys—there were two books in bis bag, "The Sufferings of Jesus," and "The Treasury of Devotion"—I also found this cheque-book of the Co-operative Credit Bank, a leather bag containing some gold dust, 187 scrip certificates of the Gilbert and Chaudiere Gold Fields Company, nine receipts of transfers in the South Aurora Gold Mining Company (Limited), and this deed of declaration of trust of the Cooperative Credit Bank (This was dated 23rd September, 1875, and was executed by the defendant and Dr. Good, Mr. Walker, and General Gascoigne; it recited that R. B. Oakley was the sole manager of the bank, and that the trustees named in the deed were duly elected on the terms of the prospectus, to whose possession the various sums raised were to be handed over). I also found these five drafts and this copy of an agreement, and this deed of declaration of trust, dated 6th October, 1875. (The documents were put in and read, the first was an indenture between the defendant and William Perfect Lockwood, declaring that H. W. Spatt and G. F. Beddy should stand possessed of certain shares on trust. The second was a copy of a prepand agreement between the defaidant and the Keokuk and Kansas Railway Company, dated blank day of December, 1872, and the third was an agreement, dated 1875 only, between the defendant and E. Vernon, of Upper Bedford Place, London, relating to the Keokuk and Kansas Railway). I also found a number of the "Co-operative and Financial Review," of November, 1875—these papers
were found in a bag, and I handed them to Mr. McLean—in a drawer in the office I found this cheque-book of the Devon and Cornwall Banking Company, Plymouth, and in the defendant's purse, a bill of exchange for 200l., which I think Mr. McLean has—it is drawn by Messrs. Walker, and endorsed by the defendant—I also found three proofs of a document, called "The Co-operative Credit Bank and its Journalistic Antagonists"—I found 16s. 2d. in his purse—I—found no other securities, except those I have referred to.
HOWARD SPEAR MORGAN . I am a Justice of the Peace for the county of Carmarthen, and I live in South Wales—in October last I received a pamphlet relating to the Co-operative Credit Bank—it had a balance-sheet printed at the end of it, to the quarter ending 30th June, and to the best of my recollection there was a prospectus of the bank; I read some of the prospectus and perused the balance-sheet, and about 29th December, 1875, I sent the defendant a cheque for 1,000l., and received an acknowledgment from him—this is his letter (dated 31st December) in which this formal receipt was enclosed—I had sent with my cheque the prospectus which I had received, filled up, and about 5th January I received this letter. (This requested the witness to become a trustee.) This is my reply. (This was a consent to become a trustee if there was no. pecuniary responsibility.) I then received this letter. (This was from the defendant, dated 7th January, stating there was no pecuniary resposibility,' and requesting to know if he had any quality or profession which he would like added to his name.) A few days after I received this letter, dated 10th January. (This stated thai two other large depositors desired to join the trustees.)' I believed the statements contained in the balance-sheet, and in the several pamphlets which I read—after I had invested the 1,000l.—I received the "Co-operative and Financial Review" every week—I judged from the last balance-sheet that the bank was genuine—I did not know that oakley had been bankrupt—I knew nothing of the balance of cash in the bank in December—I did not know that the balance on 30th December was only 14l. 13s. 10d.—I have not. received any of my money back.
Cross-examined. I made no inquiries—I thought 18 per cent was a good sum to receive as interest, but I understood that several of the London banks were paying more, so. I did not think it very large—the 18 per cent. was the chief thing that operated on my mind—I wrote a letter to Mr. Robertson, I have not got his reply, I think I tore it up soon after—a letter from him was enclosed with the pamphlet—I don't think his letter had. much to do with my placing my money in the bank—I thought I could rely on his word, he being a clergyman, but he was an entire stranger to me.
By THE COURT. I certainly should not have advanced my money if I had not seen and believed the statement in the balance-sheet, it was on the faith of the last balance-sheet that I did invest.
R. A. MCLEAN (re-examined). This agreement of 7th June was in the brown. paper parcel which I received from Mr. Hudswell. (This was an agreement between the Keokuk and Kansas Railway Company and the defendant, which was read at length). The securities in the June and September balance-sheets include fifty bonds of the Keokuk and Kansas Railway—in the June balance-sheet they are taken at 155l. each, they are marked in the September balance-sheet at the same, 7,750l.; those appear to be the bonds handed to Oakley in conformity with that agreement—he was by the document just read to bring out an issue of 2,000 Keokuk and Kansas bonds,
equal to 5,000l. nominal, and to spend 4,000l. in advertising, for which those fifty bonds were to be his remuneration—the issue of those bonds was not advertised before the issue of the November balance-sheet—no expenditure that I can trace was made by Mr. oakley to earn those bonds before November; I cannot say as to labour, but I cannot trace any expenditure—I received from Mr. Smith this declaration of trust in the Canadian Mining Company—in the September balance-sheet the securities include among the assets 9,600l. for the Canadian Mining Company's shares—the figure is made up of 435 of the shares of the nominal value of 8,700l., that is a part of the sum—they appear to have been purchased from Mr. Lockwood and another for 500l. cash, and 1,000l. in the four bills of 250l., each, of which I spoke the other day—one of them was met by the execution" and the other three were dishonoured afterwards—that accounts for the nominal figure of 8,700l.—the only expenditure this 8,700l. represents is that 500l. cash and those four bills—in order to make up the 9,600l. there remains 900l., which represents 3l. per share on the shares which Mr. oakley undertook to take in the company—that is mentioned in the document which has been read—he was to pay 3l. per share on 300 shares by instalments of 1l. per share per month—600l. had in fact been paid by him in respect of those 300 shares up to 30th September, and he paid another 800l. between October and the closing of the bank—there are four sales at par to three depositors, Stovin, Adderley and Hinchcliff; 1,220l. would be recouped by that—in respect of the remaining 300 shares, 600l. was paid in cash, and afterwards 800l., out of which 1,250l. has been recouped by sales to the depositors of the shares—on 30th September at the issue of the balance-sheet the shares entered as 9,600l. had only had an expenditure on them of 500l. cash, 1,000l. in bills, and 600l. more in cash—a portion of the sales to Adderley, amounting to 200l., were before the date of the balance-sheet—Adderley's shares were paid for out of his current account; he had large sums on current account—I cannot say as to other depositor's shares, but I believe the others paid in cash.
Cross-examined. I have seen a prospectus of the Keokuk and Kansas Railway among the papers, I think we gave a copy to the solicitor for the prosecution, and I think the engineer's report was with it—that is it (produced)—Mr. oakley paid about 465l., on account of the Keokuk and Kansas Railway, for printing prospectuses, and stamps, and Mr. Gee's account for advertising was 4,950l., of which about 3,000l. was paid—that does not come into any of the balance-sheets, it is after the last printed balance-sheet—I do not find that anything was paid for advertising the Canadian Gold Company—Mr. oakley had nothing to do with that, he simply had the shares—on looking over the "Review" I find that the railway company was first advertised on the last day of October, I cannot trace any before—the first article upon it I find, is a letter from Mr. oakley to the "Times "expressing his intention to bring out a prospectus in a few days—these are the vouchers I was asked for yesterday, I have examined them—I have looked carefully and can only trace one payment for stamps and other things 50l.; that came into the private account, not the other account—that is not part of the 1,400l.—I cannot trace it in Miss Pannager's account, the principal part of that is for lodging money—I did not take the sums from Mr. Beddy's cash-book which I have charged his private account with, the 1,400l. is from the ledger; the cash-book show 1,800l.—I believe the 1,800l. is credit, because—the ledger is not completely
posted—I have found the writ and the Record in the action against the company, the date of the action was January, 1875—this is the Record. (Mr. Gorst put in an order of Vice Chancellor Hall restraining the action, dated 15th December, 1875, and stated that the Record was withdrawn, the company being in liquidation.)
HELEN MATTHEWS . I am not married—I live at 3, Oxford Terrace, Leytonstone—I first heard of the Co-operative Bank by getting a copy of the "Co-operative Financial Review" sent to me about July or August last year, and from that time to the stoppage of the bank it was sent to me regularly—I used to read it—before I made the first deposit, I called at the bank and asked the person who was acting there, for the balance-sheet—it must have been the June balance-sheet which I got, ending 30th June—about 4th August, I made my first deposit 4l. with the secretary, Mr. Beddy—on 5th September I wrote this letter to Mr. Beddy. (This was a request to be informed whether money deposited could be withdrawn as in savings' banks.) I received a reply from Mr. Beddy, in consequence of which I deposited 150l. in the bank on 30th September, and got a receipt, signed by Mr. oakley—on 13th November, I deposited a further sum of 86l., and received a receipt, these are my three receipts—I went to the bank-about the end of November, or the beginning of December, to receive the monthly interest on my deposits, but I do not think I saw the defendant then—I had a conversation in November or December, in Mr. Beddy's room, and Mr. oakley came in; I spoke to him about disposing of some Munster bank shares; he undertook to do it for me, and I sent him thirteen shares in the Munster Bank—I told him what I wished to get for them, and he said that I could receive the proceeds at a-certain time; I sold them for 110l. and went to receive the proceeds and told Mr. Beddy that I wished to keep 5l., and to deposit the 105l. in the Co-operative Bank—I wrote this letter to the defendant—these other letters were written to Mr. Beddy, because I would not trouble Mr. oakley—I dare say I had seen the September balance-sheet when I deposited the Munster bank shares, but I do not understand balance-sheets—I understand the difference between profit and loss, but there is always something else to make it difficult to understand; I have so often received them from other quarters—I saw Mr. oakley in January last, in reference to three 60l. shares in the Fourth City Building Mutual Investment Society, and asked him whether they were saleable; I think he said that they were not, and that I must get them cashed at Queen Street at the office of the building society, if I wished to change them—I knew that I should have to give notice—I afterwards received this letter from Mr. oakley. (This was dated January 7th, 1876, enclosing a formal notice, signed by the witness, of the withdrawal of her money from the building society at fourteen days' date.) I gave him the certificate of the shares and he prepared for me this notice: "Dear Sir,—I hereby request you to pay over to Mr. R. B. oakley the amount deposited, by me with the Fourth City Mutual Investment Society at the expiry of the. Notice of withdrawal bearing my signature, together with interest, and I authorize Mr. oakley to give a receipt in my name. Helen Matthews." The manager of the building society is Mr. Higham—I wrote to him, as they flatly refused to have anything to do with it, but I do not know the date—Mr. Higham still refused to hand over the shares and they are still my property, but he would have given them to me. (A letter from the defendant to the witness requesting her to vote for Cornelius F. Stovin, Esq., M.D., and Howard Spear
Morgan, Esq., as trustees of the reserve fund was here put in; also the witness'reply cementing to do so.) This letter was prepared for me and I signed it at Mr. oakley's office. (This was dated January 13th, from the witness to Mr. Higham again requesting him to deliver up the shares to Mr. oakley, failing which she had instructed him to place the matter in a solicitor's hands.) Mr. Higham had sent me a paper without any date on it, and therefore I wrote to show it to Mr. oakley; it was something about a bankruptcy, I cannot tell you whose bankruptcy, the only thing I recollect is in reference to Messrs. Taylor, of Chancery Lane, cut out of a newspaper; I do not know whether it was a statement that somebody had been made bankrupt—I know it was something about Mr. oakley which was put into the letter in which that was enclosed—I showed the letter and the newspaper paragraph both to Mr. oakley—they must have made a statement about him, I cannot recollect what it was, it was something to warn me—I was to send it back by return of post and that was the reason I went down with it—I do not recollect whether it also stated something about a Mr. Patterson—the letter I signed was not written by me—I did not approve of employing a lawyer—Mr. oakley dictated it, but it is not his writing—I think Mr. Edmunds was present—I had a conversation with the defendant relating to selling some Union Bank shares, I told him I would not sell them till Christmas, because I wanted the Christmas dividend to make a present which I promised to one of my nephews—after Christmas Mr. oakley wrote this letter at the Co-operative Bank and I signed it. (This was dated 13th January, requesting the defendant to sell for her nineteen shares in the Union Bank of London for not less than 42l. per share, including dividend, and, to deposit the proceeds in the Co-operative Bank.) Mr. oakley had not asked me to sell those shares. (Another letter from the witness of the same date was put in, enclosing the certificateas the nineteen shares.) I afterwards received this letter from the defendant (This was dated January 18th, staling that he had received the amount of the proceeds of the sale of the shares). I had told the defendant on the 13th January not to send the receipt until he heard from me, as I thought I should be able to make up the amount to 800l., and then I would tell him how I wished it to be placed—I had signed in the defendant's presence three transfers of the shares before they were sold, and left them with him; of course I was not aware on 13th January when I signed the letter ordering the sale of the shares, that the whole of the balance in the bank was 4l. 13s., nor was I aware at the time I signed those letters, that there was an execution in the bank.
Cross-examined. My name has been mentioned as having taken criminal proceedings against Mr. oakley, but it is not true; it was used without my knowing of it, and without my consent, and I was also published in the daily papers and in the "World "as the prosecutrix, which was not true, and it was the last thing I should have thought of doing—I received 18 per cent regularly, and if I had not known there was an execution, I should have asked Mr. oakley if I could assist the bank—I would not on any account have injured all the depositors and Mr. oakley—I would have paid my money in to assist the bank, whether there was 4l. 13s. balance or not, because I know how bankers are circumstanced—I made no complaint against Mr. oakley, nor charged him with defrauding me—I had a very high opinion of him, and I have not altered it—I placed my money there to have all my little sums together, and I chose the Co-operative Bank because I was very glad to increase my income; I do not deny that at all—this (produced) is a statement I wish to make.
Re-examined. I wrote it myself—I have seen Mr. oakley since, but. Be does not know anything about it (Reading: "My Lord and Gentlemen of the Jury,—I wish to make an observation previous to my examination. I deem it due to myself and to all concerned with the bank to state that without my consent or even knowledge, my name was used to issue a warrant for the arrest of Mr. oakley; moreover, my name was published to the world in the daily papers as a prosecutrix attached to a charge not in accordance with facts. The result of these unjust proceedings was the imprisonment for months of Mr. oakley, without proving any case against him, and the ruinous consequenees to the depositors.") I wrote that myself—I was not intending to read it, but I thought I could present it to the Recorder.
JAMES HIGHAM . I am the secretary of the Fourth City Mutual Benefit Building Society, Queen Street, Cheapside—Miss Matthews was and still is the holder of three 60l. shares in that society—I have received her half-yearly dividend for four years under power of attorney, and I begged her not to throw her money away.
FRANK BOLLIN SPOONER . I am engaged in the Stock Exchange, in the firm of Mr. Richard A. Trunst—I am acquainted with the value of shares on the Stock Exchange in 1875—I do not think the Keokuk and. Kansas bonds had any value on the Stock Exchange on 13th September, 1875, nor had the Gilbert and Chaudiere, that I can hear of—I never heard of the Warrington Bottling Company, or the Oxford Building Society—I have heard of the Australian Tin Mines, but did not hear a high commercial character of the value of the shares. ".
Cross-examined. Only shares which have obtained a settlement are quoted at all on the Stock Exchange, and a large number of shares do not obtain a settling day.
Re-examined. And if they do not obtain a settling day, they are not dealt in, and do not obtain a sale—they do not come within the rules, and brokers are not liable for non-delivery.
THE SOLICITOR-GENERAL read several extracts from the copies of the " Ceoperative Review," replying to newspaper articles attaching the bank, and asserting its stability and ultimate success.
ROBERT WILLIAM HUDSWELL (re-examined). (Referring to some papers). I cannot positively say that the endorsement on the front sheet of these papers is in Mr. oakley's writing, it has every appearance of it; I believe it to be his—the endorsement on the back "Mr. oakley's statement" I also believe to be his.
Cross-examined. I do not think I saw the report of Mr. Clark on the Canadian Gold Fields Company—I do not remember having seen it—(referring) no, I have not seen it before.
ALLAN MCLEAN (re-examined). I found this statement among the papers in the bank, in the condition in which it flow is; I also found these letters. (The Solicitor-General then read Mr. oakley's statement, which purported to give a history of his connection with the British Imperial Life Association, together with the correspondence passing between himself and Mr. Bird, the the secretary of that association). The expense incurred by that company has been about 1,200l. or 1,300l.
This being the case for the prosecution, Mr. Collins called attention to the various counts of the indictment, many of which he contended were not sustained
by the evidence. As to some of these, the Recorder was of that opinion, but upon many there was ample to go the jury.
GUILTY — Five Years' Penal Servitude.
OLD COURT.—Saturday, August 12th, 1876.
Before Mr. Recorder.
MR. METCALFE, Q.C., with MR. LILLRY conducted the Prosecution; and MESSRS. BESLEY and MONTAGU WILLIAMS the Defence.
EDWARD THOMAS DAX . I am a clerk in the Rule Department of the Master's Office in the High Court of Justice, Exchequer Division—I produce the proceedings in an action of Jones v. Coombe—I have not got the record—I have the affidavit of increase, the bill of costs, and the pleadings.
ARTHUR WILLIAM SADROVE . I am a solicitor in Mark Lane, City—I am a commissioner for administering oaths in the Exchequer Division of the High Court of Justice—on 21st June, 1876, I took this affidavit marked A; this is my signature to the oath—a Mr. C. J. Jones made the oath; I cannot identify him—I believe he was accompanied by another person, the affidavit was brought signed.
HENRY WILLIAM GARDNER . I am foreman lighterman to Messrs. Coombe, of Marigold Street, Bermondsey—the defendant was a fellow servant in that employment for two or three years—I know his writing—I have seen him write 200 or 300 times—the signature to this affidavit is his writing.
ALFRED JEAKS . I am clerk to Mr. Preston, a solicitor, he acted for the I prisoner in an action—I am a joint deponent in this affidavit, but not at the same time—I was not with the prisoner; I went alone to Mr. Sadgrove—I went before the Master with the affidavit; he taxed the bill of costs, but whether upon the affidavit or not I cannot say—I have not got the Master's certificate or the judgment—I believe it is in Court; this (produced) is it—the costs are entered as 105l. 8s. 6d.; that includes the costs mentioned in the affidavit—I don't know whether this is the prisoner's signature to the affidavit, I never saw him write it—I prepared the affidavit in draft, and it was engrossed by a clerk in the office, named Reed—I prepared it from the scale of charges allowed by law; the names of the witnesses were in the brief—I knew he was paying the witnesses.
ALFRED JEEKS (re-examined). A verdict in the action was agreed to between the parties about the 29th of May—Mr. Murphy was our counsel, Mr. Serjeant Parry was on the other side—a verdict by consent was taken at the suggestion of Mr. Baron Huddleston—I did not at any time say anything to the defendant about paying the witnesses, because I understood that he would pay the witnesses, and they have all been paid; they were paid their balances yesterday—I paid them—I paid Butcher 4l. 14s. 6d., Pace five guineas, Bedwell 11s. 6d., and Walkins 1l. 10s. 6d.; 12l. 7s. 6d. in all. (The affidavit stated that these sums had been already paid.) All the witnesses, were subpœnaed.
Cross-examined. I know the defendant quite well—I should have had no objection to take his word for the money—I did not look to him, I looked to Mr. Preston.
WILLIAM BUTCHER . I am a grainer, of 2, Park Terrace, Rotherhithe—I was a witness in the case of Jones v. Coombe—I received 10s. 6d. with the subpoena that was left at my house, about 11 o'clock one evening—I did not receive the other part of the five guineas until yesterday.
Cross-examined. I know the defendant perfectly well—I would have trusted him—I never knew anything bad of him.
By THE COURT, He never said anything to me about it—I had not made any claim for my expenses; it was brought to me yesterday—I had applied to Mr. Preston for it, and he treated me more like a dog than a human being. '
JOHN WALKINS . I am a lighterman, of Little Victory Street, Rother-b 'ithe—I was a witness in Jones v. Coombe—until yesterday I only received 1l. 2s.—I bad that while the case was going on at the Guildhall—I did not know until this case was commenced that I was to receive 2l., 12s. 6d.
Cross-examined. I would not have objected to trust the defendant with the money—Mr. Coombe asked me to be a witness.
WILLIAM BEDWELL . I am a barge builder, of 23, Queen Street, Rother-hithe—I was a witness in Jones v. Coombe—I received 35s., 5s. each day from Mr. Jones—he told me that by-and-bye he would make, it up to me if there was any more to come to me—I did not know that I was to receive any more; I was thankful when he paid me.
Six Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS
TOM FORD (Policeman B 330). About 2.45 on the morning of 14th July I was on duty in St. George's Road, and was called by the prisoner to No. 58—he said there was a woman down the area—I asked how she came there—he said she came down after a glass of water—I asked who she. was—he said a prostitute—I asked what he wanted to do—he said he wanted to get her away—I said he had better go and turn her out, and if necessary I would help him—he went down the area—I waited some few minutes and saw the prisoner return and the woman—she was coming up the steps, and when she was about half way up I saw him stab her—she appeared to be in a hurry; she was not resisting—he had this bayonet (produced) on the top of a rifle and he pointed at her in the back—I only saw that once—she came to the top of the steps as fast as she could—he followed her to the area gate and went back again—the woman"' did not scream till after she fell down—she stood on the area steps a minute or two and then fainted—I saw a great deal of blood—she said she had been stabbed by the prisoner—Collingbourne, another officer, got a. cab and took her to St. George's Hospital—while she was lying on the ground I called to the prisoner to come and open the area gate—he came and unlocked it but did not come outside—he saw her on the ground—I told him he had stabbed the woman with the bayonet and she was fainting—I then went down with him to the area and found this bayonet in the scabbard hanging up on a belt behind the door—I took it out and examined
it; there was water standing on it—there was no trace of blood, it appeared to have been wiped—both the woman and the prisoner appeared to be sober—the bayonet was out of the sheath when he used it.
Cross-examined. There was a light in the room, it was just breaking day—the area was very deep and narrow; there was a difficulty in seeing down there—the prisoner said he was very sorry, he could not help it.
CHARLES COLLINGBOURNE (Policeman B 236). I was with Ford at the top of the area and saw the prosecutrix coming up, followed by the prisoner with this bayonet in his hand, fixed on the end of a rifle, I could see it as he came up—I saw him stab the prosecutrix three times—when she got to the top I saw that blood was flowing from her, she fainted and fell, I called a cab and took her to the hospital.
MINNIE BELL . I live at 42, Cumberland Street—I am an unfortunate girl—on the morning of 14th July, about 1.30, I met the prisoner in St. George's Road—he asked where I was going—I said "Home"—he said he would come with me presently, and asked me to come to his house—I went with him to the gate and he brought me some sherry—afterwards he said "I find I shall not be able to come home with you, will you come down' with me"—I went down the area with him—there was a bed there—I was with him in the pantry there about five or six minutes, and had a little more sherry with him—after that he said "You will excuse me for going upstairs"—I said "Very well"—while he was gone I heard loud talking outside—he returned in about ten minutes and said "I don't live here, I live a little way down below if you like to come down with me, if not I will come home with you"—I said "You have not given me what you promised me"—he had promised me a half-sovereign before I went in—I had a few words with him he said "Are you ready to come out?"—I said "Yes," and I went out with him from the pantry along a passage, and when I got a little way from the area I saw something flash like lightening—I said "Oh!" and ran to the top as hard as I could—I was stabbed, and I don't recollect any more—I called "Police! murder!"—I was bleeding and fainted and was taken by the officer in a cab to the hospital, where I was twelve days—I don't know how it was done; it was done so quickly—I was quite sober—I did not go before the Magistrate at first, because the prisoner's mother came to me and paid me 10l.
Cross-examined. I did not refuse to leave the house, there was no force required to turn me out; I went willingly, because I thought he was coming with me.
ARTHUR L. WILSON . I am house-surgeon at St. George's Hospital—the prosecutrix was brought there by the constable—she had lost a considerable quantity of blood—she had three stabs on her body, one on the back below the right blade bone, one on the back of the left thigh, and one on the right buttock—I can't say whether the wound on the back was deep; I should think not, as no symptoms followed—the wound on the thigh nearly went through the upper part, the one on the buttock was, I should think, between 4 and 5 inches deep; the wound on the back had healed on 26th July when she left the hospital, and the other two had nearly healed—I considered them dangerous at the time.
GUILTY of unlawfully wounding. — Three Months' Imprisonment.
FOURTH COURT.—Saturday, August 12th, 1876.
Before Robert Malcolm Kerr, Esq.
MR. BEASLEY for the Prosecution offered no evidence.
NOT GUILTY .
MR. CROOME conducted the Prosecution; and MR. THORNE COLE the Defence.
GEORGE DYER . I live at 175, Sandringham Road, Dalston—on Friday night, the 7th July last, about 10.30 or a little after, I was in a public-house at the corner of the Liverpool Road—prisoner was there with some others; they came round me and asked me to stand some beer, and to get rid of their annoyance I put 6d. on the counter—shortly after I said I should take a cab and go to Dalston, and I left the public-house—walking along Upper Street, before I came to the Green, opposite the bazaar, I felt a man's arm round my neck—I caught hold of him; I did not see his face, he was strangling me; I struggled with him, and in a moment there were three or four in front of me; I was kicked and thrown to the ground—I saw ray chain hanging loose—the prisoner fell on the top of me and tried to beat my head on the pavement—I had taken hold of the prisoner with one hand; I had my brief-bag with various papers in the right hand, and my supposition was that they wanted to take my bag—I seized him with my left hand by the collar—I did not cry out—I don't know what became of the men I saw in front—I was on the ground a minute or two, perhaps—he got up and I got up and followed him—he ran across the dark side of the road towards Duncan Street—I followed and struck him—there were two or three persons who had seen the assault and followed to protect me—Dawson, I believe, is the name of one of them, but I am not acquainted with the names of the others—a policeman came up shortly afterwards and I gave the prisoner into custody—I put the value of my watch at 15s., it is a common workman's watch which I wear down in low neighbourhoods.
Cross-examined. It only cost 30s. when new—I cannot tell you the value of the chain, it is about a nine carat, I think—I cannot tell you what I gave for it—I believe I bought it myself—I gave, perhaps, under 3l. for it—all that (showing chain, lockets, &c), might have cost me 5l.; that was not taken—it is an untruth to say that I was drunk; I was a little excited—I had taken a glass of wine, but I was perfectly conscious as I now am—it was the Pied Bull where we were drinking—I had been to bid a friend good night, and he would have a glass at parting—I was in his company three or four hours—we had been to the west—I had been to Great Queen Street, for one place; the Freemason's Tavern—I was with him in the afternoon and all the evening after I had done business—I finished my business about 4 o'clock or 4.30, and went to Great Queen Street to the Masonic Tavern—we stopped a couple of hours at the Masonic Tavern, we got there about 5.30 or 6 o'clock; I might have left there about 9 o'clock—after that we met some friends and got drinking together; I did not drink—I cannot say that I drunk nothing whatever—I struck out pretty freely, because I felt annoyed at being illused—I said "I struck some of them very hard;" that was after I got up—I recollect striking the prisoner perfectly well—I struck him
crossing the road; I remember missing my blow and bringing my head violently against a wall—I don't think it is a fair question to ask bow my Counsel knew of my being at a public-house where I saw the prisoner, a word of it not appearing in ray depositions taken before the Magistrate, had the question been asked me it would have been stated.
Re-examined. I was not asked the question—I communicated it to you this morning.
HENRY MAY . I live at 56, Rushton Street—on Friday, the 7th July last, I was walking along the Upper Street with two or three others when I saw the prosecutor about half the distance that I am from the prisoner—I saw a man with his arm round Mr. Dyer's neck—they were struggling together, and I saw him throw Mr. Dyer violently to the pavement—the prisoner ran very sharp across the road—Dyer then got up and said "Stop him, he has got my watch"—I then followed the prisoner across the road with my friend, Dawson, and stopped him—Dyer came up and said "That is the man who has got my watch," and rushed at him and struck him in. the eye—I had not lost sight of him; he ran away again after that—a policeman came up; Dyer was then some distance away—he struck his head against a public-house and fell down—the prisoner was then given into custody.
Cross-examined. I was perfectly sober—Fisher's is a confectioner's shop—I said at the police-court that when I saw the prisoner and the prosecutor outside there they were both drunk; to my idea they were—the prosecutor had a bag in one hand when he struck him—I said "If you have got the man's watch give it to him;" and he said "I have not got his watch"—I never saw the watch—there was another gentleman standing up who pushed the prisoner off Mr. Dyer—I don't know what became of him, he went off—I looked after the prisoner—he looked like a gentleman—I will not pledge my oath there were not more there.
GEORGE DAWSON . I live at 16, Upper Charles Street, and was with the last witness and saw the prosecutor, and the prisoner struggling with his arm round the prosecutor's neck—there were some others near them—prisoner threw Mr. Dyer—then a gentleman threw the prisoner off to give Dyer, an opportunity of getting away—the prisoner ran across the road—Dyer got up and followed, him saying "That man has got my watch"—May and I followed the prisoner and did not lose sight of him up to the time he was given into custody—I asked him if he had got the watch, and he said he had not—I did not see him throw anything away.
Cross-examined. I said before that the prosecutor did strike at him every time he stopped, and I give the same answer to-day—prisoner went up to the cab rank near the Angel and asked for a cab—he asked me to have something to drink when there was no one else near.
THOMAS RANSEN (Policeman N 368). I was on duty on 7th July, near near the Philharmonic, and about 11 o'clock that evening I saw the two-witnesses, May and Dawson, and the prisoner—I heard a cry of "Stop thief"—I took him back to Mr. Dyer who said "I shall charge him with stealing my watch"—he said he knew nothing about it, and I then took him to the station—the prosecutor appeared as if he had been drinking—he was drunk.
GUILTY **—He also PLEADED GUILTY to a conviction of felony in January, 1863— Ten Years' Penal Servitude.
350. EDWARD BARTLETT (17), WILLIAM IRONSIDES (17), SAMUEL MOXEY (17), and FREDERICK GIBSON (15) , Robbery with violence on William Coleman Draper, and stealing a watch ring, two pieces of paper, a tobacco pouch, 21s., and other articles.
MR. GILL conducted the Prosecution; MR. C. MATHEWS appeared for Bartlett and Moxey; MR. THOBNE COLE for Ironsides; and MR. MOODY for Gibson.
WILLIAM DRAPER . I am a pianoforte key maker—on 6th August, I was returning from Kingsland Gate, about 12.45 in the morning, when I saw a cabman that I knew, and a horse that had kicked out of the shafts, and while speaking to the man a cry was raised "They have stolen your whip"—there was a crowd of about fifty people—my friend gave chase and stopped the man who had the whip and brought it back—I heard several voices say "There's one of the b——, and there's another"—pointing to the cabman—some of them being in light dust coats were distinguished from the others—they came in the road towards us—I said to my friend "We had better run," and. we ran as far as Richmond Road, Kingsland—when we were surrounded by seven young men and girls—the four prisoners, and one caught hold of me and asked what was the matter—I said "Nothing is the matter with me, I am all right" and struggled to getaway—they said "We will see you righted"—I said "If it's money you want I will give you some," and I gave them 2s., I was then pushed across the road and I felt the ring go off my finger—I afterwards found the ring at 4 o'clock in the morning where it was dropped—my pockets were emptied—I could feel that—I saw my money roll out on the pavement—my waist-coat pocket had been cut—then my watch went—I bad my coat buttoned—two ounces of tobacco inpaper, a few odd coins, a ticket case with two pawn tickets in it—Moxey took a more active part in it than the others—I picked up my hat and ran away—I next saw them all four at 10.30 the same morning at Hackney Downs Station, and gave information at the police-station at about 2.15—I have no doubt that the prisoners are the parties—it was Moxey who held me.
Cross-examined by MR. C. MATHEWS. I had been out that night with the volunteers with my brother-in-law who is a bandsman—we had been into two public-houses.
Cross-examined by MR. COLE. It is about half a mile from where I lost the ring to where I saw the prisoners at the station—I imagined it was stolen from me—I went back the next morning and found it lying on the ground—I was sober, and I certainly had a watch that night—I do not recollect the Magistrate asking me two or three times, before I could settle whether I had a watch or not—the cab accident was 30 or 40 yards from Kings-land Gate—that was about 12.45 as near as I can recollect—I was per-ectly sober.
THOMAS TEROT (Detective Officer N). In consequence of what the last witness said, I waited at the Hackney Downs Station on Sunday morning, where I saw the four prisoners and arrested them—Moxey and Gibson said it was a mistake, they were at home at the time.
Cross-examined by MR. MOONY. I know the place of this occurrence, and I know Cowper Road, South Hornsey, which I should say is about a mile distant.
Witnesses for Ironsides.
went down and broke the shafts—there was a clock close by and it was 1.25.
ELIZABETH IRONSIDES . I live at 21, Lilly Terrace, Shakespeare, South Kensington—the prisoner is my youngest son—he sleeps in the same room with me, a double bedded room—I recollect last Saturday night, he came in about 12 o'clock, and asked me to wake him at 6 o'clock, and took off his boots, and bid me good night—I went up to bed and his brother-in-law came in soon after and called out to know if all were in, and I said "Yes," and he bolted the door and went upstairs—that was the night the prisoner was taken into custody.
Cross-examined. He went to bed at 12 o'clock and got up about 5.15, the next morning—I dont know who came for him, I don't know that it was Moxey—I don't know who his companions are—I don't think there is anybody here who called for him next morning—that was the last I saw of him that night.
THOMAS COWARD . I am a builder and live in the same house with the prisoner Ironsides—I married one of Mrs. Ironside's daughters—I recollect last Saturday night I came home about 12.15, I called out "Mother, are all the boys in," and she said "Yes Tom "and I bolted the door and went straight up to my bed—I heard the old lady go upstairs and I went in and closed the door, and in the morning about 5 o'clock I heard a ring come at the bell, and I called out "Who is that for," and he said "For me, Tom," and with that he got up to go out bathing or fishing.
Cross-examined. I heard on Monday that he was charged before the Magistrate—he was charged on the Sunday morning I believe—I was at Boxmoor till 9.45 on Monday-night—my mother-in-law went to the police-station and my wife—I know Moxey's father, they go about together—I cannot say whether he called for him that morning.
NOT GUILTY .
NEW COURT.—Saturday, August 12th, 1876.
Before Mr. Common Serjeant.
MESSRS. M'INTYRE and COXON conducted the Prosecution; and MR. MURPHY, Q.C., and MR. STRAIGHT the Defence.
THOMAS ALEXANDER HARMAN . I am in the Assay Office of the Gold-mith's Company—on 7th April, in consequence of information, I went to the prisoner's shop in New Oxford Street, and saw this coffee-pot in the window, labelled "120 years old"—I went in and asked to see it—the I prisoner showed it to me'; he told me that the price was 10l., and that it was an antique—I was instructed to purchase it—I also looked at this ewer, I and found on it an old mark, the Roman letter I, which is the hall mark of I 1744—I had received instructions that there were two bottoms, and I judged so by the thickness; the prisoner said that the price was 8l. 10., I and I purchased it right off, and asked him to let me take the coffee-pot I on sale or return within two days, which he did, and on further examination I found that the letter M on the coffee-pot represents 1747—I was instructed to purchase it, and went and paid 10l. for it next day—I have made an assay of the coffee-pot, and it is 2 dwts. in the pound under the standard; it would not have been marked at Goldsmith's Hall on that
account—it had a single bottom, with the mark on it—I form a decided opinion that the cylinder part is newly made.
Cross-examined. The difference in money value between this and standard silver would be about a 1/2 d. per ounce—the prisoner told me I could take the coffee-pot on approbation, and if I did not approve of it I could exchange it for anything else, but I said "No, I will take it on sale or return within two days," and he was quite content, and for all I know he would have let me have the ewer on the same terms—the information.I had was from Messrs. Prideaux & Son—I had had no communication from Price—a record at Goldsmith's Hall of all the marks; a stranger would not know without referring to me or to a book which is published—I was pretty certain that the coffee-pot was a new manufactured thing, but I knew it was an old mark—I saw one or two other articles in the window, and my doubt was whether it was the thing I was instructed to purchase.
Re-examined. The duty on stamping silver is 18d., which has not been paid by him.
WALTER SHERBURNE PRIDEAUX . My father is a solicitor, and is clerk to the Goldsmith's Company; I am assistant clerk—we received information from a man named Price, in consequence of which I directed Harman to go to the defendant's shop and purchase certain articles—we had received minute directions from Price—on 7th April Harman brought these articles to Goldsmith's Hall, and under my directions they were fully tried and tested—the Court never meet oftener than once a month, but the interval is sometimes longer—the information Price gave me also implicated Brown—inquiries were made, and on 5th May we had a writ issued against Gooch, which was served next day, Saturday, and on Monday, 8th May, he came to Goldsmith's Hall and saw my father in his room—we never allow clerks to be present on these occasions—he said he had called in consequence of the writ with which he had been served, that it was a very unfortunate thing for him, and asked us what we should advise him to do—we pointed out to him that the 4th section of the Act enabled him to clear himself by giving the name of the person of whom he bought the article; that he at once and without hesitation expressed himself unable to do—he said that he had bought it in the course of trade, but from whom he could not tell; he repeated that several times, and asked what we should advise him to do—he was told that we could give him no other advice, and that he had better consult his solicitor—he asked if the articles were destroyed; we said no, they were at Goldsmith's Hall, and we were not in the habit of destroyng things of that sort—he gave us further explanation, and my father told him pretty plainly that he did not believe him, and that he must know of whom he bought them—this is the writ (produced) Gooch left, and next day a clerk from Messrs. Dobree called and paid the two penalties in the accustomed way—Brown was apprehended on the 16th May, and taken before a Magistrate on the 17th and remanded—he was brought up again on the 24th, and Gooch appeared and gave evidence against him—after the 17th the Magistrate issued a summons and directed it to be served—Brown was represented on the 24th by Mr. Alsop, a solicitor, who cross-examined Gooch; his statement was taken down in writing and signed by him.
Cross-examined. My first interview with Price was as near as possible on 31st March last—I did not get the information then; I got it within a week—I did not see him on the first occasion, but on the second I did for some
considerable time—we are absolutely prohibited from issuing a writ without a written order of the Court—a meeting might be convened, but it is a large body—the prisoner did not make a clean breast of it at first—I did not contemplate any criminal proceedings against Gooch when I saw him on 8th May—I did not think there was sufficient evidence, although I had seen Price a quarter of an hour before—I did not inform Gooch that I was in communication with Price—Brown was given into custody, and Gooch was examined on 8th May—Price was re-called by Mr. Also after Gooch had been examined—the proof in such cases is upon the person who is found in possession—Brown is not. sentenced, he is awaiting his sentence now—we have taken no steps against Price.
Re-examined. This Act of Parliament was passed in 1844—I have not held out the slightest inducement to Brown to give evidence in this case—the communication came to us from Brown's solicitor entirely unsolicited, and when I saw Brown his solicitor was present.
Cross-examined. I advised this prosecution.
The deposition of the prisoner given on the examination of Edward Brown. David Lazen by Gooch on his oath says:—"I live at 504, New Oxford Street. I am a silversmith. I have seen the cream ewer before, it has been in my shop. I sold it, it was brought to me by the prisoner, and I gave him 10s. 6d. per ounce for it; I assumed it to be old; I looked at the mark. A modern one would be 9?. per ounce. I have had the coffee pot; I sold it. I bought it of the prisoner, not at the same time as the others. I gave him 12s. per ounce; I bought it as being old. Cross-examined. I bought the coffeepot first, it was brought to me in my shop by the prisoner; it was produced to me at his house four or five days before; it was then plain. He said he was going to chase it, there was another one with it; it was sold about the middle of March. I bought the coffee-pot about the 7th or 8th February. I entered the sale in my books, this other one was marked; I sold it for 9l. I gave 7l. 12s. I sold it as old; I did not know if it was; I bought it as old. I bought the cream ewer about 25th March of the prisoner, that was the first time I saw it. I bought it as an old article, at 10s. 6d. per ounce; it was a cash transaction. I paid 6l. 5s. 6d., it is entered in my books. There was no invoice for making it, there might have been a bill for polishing; I have not got it. I generally destroy the small receipts as soon as I have entered the amounts; I have known prisoner, about three months. The cream ewer was not taken by me when it was only a half-pint, I did not take it to prisoner's house. Price was in the shop when it was shown to me. I never said anything to Price about the ewer; I never said to Price they would be very nice things if made antique. I spoke about the chasing. Re-examined. This coffee pot was complete when I saw it; I believe prisoner showed me the pot. Price was present. I only saw the coffee-pot at Brown's, it was perfectly clean. David L. Gooch."
EDWARD BROWN (in custody). I was an electro plate worker of 19, Poland Street, and had carried on business for about twelve months—I pleaded guilty here last Session to transposing the marks on the coffee-pot and cream ewer. (See page 247). I have not been sentenced yet—the prisoner Gooch was a silversmith at 504, New Oxford Street—I had not worked for him
previous to this—in January this year I was passing his shop and he was standing at the door—we both said good morning and he invited me in—I asked him for work, and he said "You see how it is, I have got a good man who does my work and a thoroughly experienced man in old-fashioned work, he has had hundreds of pounds from me"—he then stepped behind the counter and said that his man was getting very saucy and he did not like it—he brought up a small piece of silver and asked me if I thought I could make a sugar basket of it—I said "Yes, but it will be a very small one"—he said "You are greener than I thought you were, this is for a foot," and he showed me a hall mark on the piece of silver and told me to be very careful with it, not to hurt it—he said that old-fashioned work sold better than new and that all he should have to do with it when I brought it home would be to take it down to Goldsmith's Hall and register it, and they would charge him 18d. an ounce for it, and he said "That is my business"—it was a small piece of silver about two-thirds of the size of my hand—I took it home and thought I was very fortunate—I made the sugar basket and took it back to him and charged him 11s. per ounce—I found the rest of the silver he then said "I forgot to weigh the piece of silver again, suppose you charge me 10s. an ounce," because I had not allowed him for it; "that will make it straight and there is your money"—I did not get any other work from him then, I was very ill and had to go home—he came to my place two days afterwards, but in the interval I had received a note from Thomas Price—he brought a pint tankard, two milk ewers, eight salt spoons, and a half-pint tankard; they had old marks on them—he told me he wanted the two milk ewers to be gilt inside and polished and the salt cellars also; the pint tankard was to be made into a beer jug, the spoons were to be reduced to the size of a pattern he brought, and the half pint ewer to be made into a pint ewer, with the silver taken off the spoons—this (produced) is the pint ewer which I made from the half-pint—he had seen some coffee-pots which were being made when he called while I was away ill; he afterwards told me that he would have them and gave me two old salt-cellars with hall marks on them which I was to put on the bottoms—the old hall marks on the bottoms of these coffee-pots came from Mr. Gooch, they were on the saltcellars he gave me and were transferred in my shop—that was early in February—I have no doubt he saw the work while it was going on when he called about another job, a beaker, which I have omitted to mention, and which I sold to him in the rough for 12s. the ounce; I asked him 12s. 6d. at first—I took home two of them, they were a pair, but they were chased differently—the cream ewer was not done then, I was removing and it was delayed and was sent home afterwards—this work was done by Price a chaser in my business, another workman soldered the bottom in—in May after I had removed to Princes Street—Gooch came and said that he had been served with a writ from Goldsmith's Hall concerning the coffee-pot and the pint ewer—I said "Did not you register them?"—he said Register be d—d, you talk like a fool"—nothing took place then, because; I was very busy, and he went away very vexed and agitated—he came in a Han-som's cab—I went to his place on the Monday to know more about it, and he said that he was going to Goldsmith's Hall, and he should have to say that I had made them for him and tell my name—I said "You need not tell my name, because they already know"—every man who works in silver and has it assayed at Goldsmith's Hall has a mark, but you misunderstand me—I told him that they knew of this affair, because Price had told me he
should go to Goldsmith's Hall—he and I had some words and I thought they would not have come to him without Price having told them—Gooch said "I shall go down and pay the fine," and I left him under the impression that he was going to do so—I saw him about 5 o'clock next day at his shop and he said "I have been to Goldsmith's Hall and they refuse the money unless I give you up"—I said "You may as well, because I am sure they know"—he said "To-morrow I shall send the money down," and next evening at 10 o'clock or 10.30 he came to my place and knocked us up, we were all in bed—he told me that he had sent the money down and they had accepted it, and he had not told my name—on the next Saturday he brought me some work to do, but I do not remember that anything took place about this—I was taken up on, I think, the Wednesday following, and next day, the 17th, I was taken before the Magistrate and remanded—on the 24th I was brought up again—Gooch appeared as a witness against me and I was committed for trial—my solicitor communicated with the Goldsmith's Com-pany—he advised me and I acted almost entirely on his responsibility.
Cross-examined. I do not deal in silver articles or buy and sell them—I am a manufacturer; I-have no liceuse—I had been introduced to Gooch six months before this for business purposes—it was said "This man is in the trade if you can find him a job"—what I ultimately understood him to mean was that I was to make a basket and transfer these marks to it—I did not then think it was wrong, I did not give it proper consideration, but in the course of making it I thought it seemed very strange, as all things go to Goldsmith's Hall—I thought I would make it and, take it home, and then it would be cleared up—I wish the jury to understand that I did not think at the time I was doing anything wrong—that was the first transaction between us; the second was the salt cellars—I asked him if that was not wrong, and he said that he had been in the trade long enough to understand his own business—I thought it right if he said so, it seemed so to me, because he explained it to me—I know different now—I do not remember asking him why he wanted the marks transferred, he said that he had been in the trade long enough to understand his own business, and I thought if he ran all the risk and responsibility it was surely right for me—my name was at Goldsmith's Hall and I took things there to be stamped and knew the meaning of it—I was not present when Gooch told Price what to do, but he seemed to know all about it—in the morning when I went up, Gooch said that he had an order for a beaker and could not get one and would I make him one—he wanted one about 9 inches—this was made in the interval and that was the cause of its being delayed, and he gave instructions to Price in my presence and objected to the fluting he had done—I am not referring to the chasing—I did not direct Price to transfer the old marks to the coffee pot and cream ewer from the salt cellars, nor did I do it—I told a man named Green to do it and he did it—I cannot say whether Price was present, I will not swear he was not—I don't remember seeing Green transfer the marks, because my place is at a different part of the shop—I was in the shop and I dare say Price was there when he did it—the shop is not quite so large as this room—I was out for a considerable part of the day—I do not recollect doing anything else that was wrong—I know Mr. Weatherby—I pledged a waiter for about 18l. at Mr. Attenborough's which I had to work on—I do not know the value of it—I did not hand Mr. Weatherby the money—I do not know whether it is still in pledge; I was unable to take it out—I did not owe Gooch any money
when I put myself in communication with the Goldsmith's Company, I think he owed me some—I swear I did not owe him 23l. 14s. 6d. for a vegetable dish supplied to me—he lent me about that sum for work I had done—I have no book or memorandum showing that I ever claimed for one single shilling against him, only the bills I have sent him—I have not sent him in a bill within a month, nor has he sent me a bill for the vegetable dish, it is a sort of equivalent—at the time I was arrested I should be sure to have a little stock which I was working on; very likely it was worth 20l.—I don't suppose I have it now, there have been expenses going on—I directed that it should be sold—I had to sell my tools and everything for expenses—I directed my brother-in-law to sell them—he lives in Sheffield, but was in London then, and took what there was, I don't know what there was now, I was not there and he has not told me—it is very possible that there was a chest of silver plate there—Mr. Also engaged'to defend me to the end of my trial, he has done nothing for me since that I know of—he saw me in Newgate twice—I do not remember his communication now.
Re-examined. I have been in prison since 16th May, and have never been to my premises—mine is only a working business—I have only just emerged from a journeyman—I have been a journeyman all my life—Mr. Gooch did not pay my account when I asked him, and I took the vegetable dish which he sent me, in liquidation of the amount he owed me—Mr. Attenborough delivered a large waiter to me for the shield to be erased—I had other work, and he told me there was no hurry for it, and in conesquence of my moving from Poland Street. I did pawn it to get a little money—with the exception of pawning that waiter there is nothing that I have been in trouble about—when the sugar basket was made, Gooch told me to register it, and that he should have to pay 1s. 6d. an ounce for it—that is what I was, alluding to when I asked him if he had registered it—I very seldom had to go to Goldsmith's Hall, it was generally jobbing work and electro-plating that I was engaged in, but I had an order and took that there, and they told me I must have a punch made, and I did—my stock consisted of articles being, made up, and my tools and plant—Gooch brought me a little thing with a spoon upon it, which he wanted made into a beaker and he complained of the chasing on it, he wanted it taller, and he said "I wanted to make it taller, but Brown would not let me"—the date of the pawning of Attenborough's plate was about 4th March, 1876; of course it was my intention to get it out of pawn, that had caused me extra expense.
THOMAS PRICE . I am a chaser—I worked for Edward Brown about twelve months, first in Poland Street, and then in Princes Street—I chased this cream ewer, and also worked on this coffee-pot, which was made at 19, Poland Street—there was no bottom to it when it was first made—Gooch came and saw it about February or March, but he did not see me at work upon it—he examined two of them and said that they would make very nice little things—I saw a bottom put into the coffee-pot, it was an old salt cellar—a man named Green put it in; I do not know where he is.
Cross-examined. I worked on it, but had nothing to do with putting the bottom in, I am only a chaser—when I had finished with it I gave it to Brown—I did not hear what Brown said to Green—Green moulded it in my presence—the bottom was in before I chased it; I had it twice—I was there when Green put the bottom in and saw that there were old marks on it—I thought that was wrong—I cannot say whether Brown was there—I
did not remonstrate with Brown or Green—I said before the Magistrate that I did not recollect writing a letter.
Re-examined. I now recollect writing a letter—Mr. Brown was away ill, and he owed me a considerable sum of money—I saw Mr. Gooch, he merely mentioned the first time about making nice little things—I do not think the bottom was in it when I began to chase it, but the second time the bottom was in—I saw Green putting the bottom in—I gave information to the Goldsmiths' Company in March.
ANTHONY JAMES PASHLEY . I am now in the employ of Mr. Pashley, of Leicester Place, and am a worker in silver and electro-plate—I was in the employ of Mr. Brown in Poland Street and in Princes Street—I am his nephew—I remember this coffee-pot being made, and when it was half made I saw Mr. Gooch at Brown's place—Gooch was not there, but Price was—I heard Gooch give Price orders for it to be made autique—I remember Gooch coming again on a Saturday evening—I think he came in a cab.
Cross-examined. I was not examined before the Magistrate—I was sent for this week by Mr. Also about giving evidence.
The Prisoner received a good character.
GUILTY — Six Months' Imprisonment.
Sentence on BROWN—Two Months' Imprisomnent.
MR. DIXON conducted the Prosecution; and MR. COOPER defended Brown.
GEORGE SEYMOUR . I am clerk to Messrs. Knight Brothers, cigar importers, 7, Lawrence, Pountney Lane—on Friday, 23rd June, a case of cigars worth 190l., marked K 459, was placed in the passage of the warehouse—at 4.40 I went into Cannon Street, and saw the case on a truck, and on my looking pointly at it the prisoner Brown dropped the handle of the truck and ran away—I recognised the case by the mark, and a carman came and took it-back for me—I gave a description of the man who was drawing the truck, and that same evening I went to the station and picked out Brown from nine or ten other men to the best of my belief.
Cross-examined by MR. COOPER. The policeman told me he thought he had got the man, from the description I gave—I described him as a youngish man—the nine or ten men were all ages, but older than Brown—I said "I believe that is the chap, but I would rather not swear to him"—I was 30 or 40 yards from the truck when I first saw it, I saw the man for about half a minute; I can't say whether another man was following it, my attention was drawn to the man drawing the truck—I never said that I believed the other man had a wooden leg—when I first saw Brown it was at night by gaslight, and I said I could not then swear to him.
Re-examined. I identified him directly in the morning—I have not the slightest doubt of him.
HENRY CHARLES ETHERINGTON . I live in Honeysuckle Square, Moor Lane—on 23rd June, Wilshire hired a truck from me, which he had been in the habit of doing—a man in a light suit, who I have not seen since, assisted him in pulling it—I afterwards saw Brown join Wilshire, at the top of the court, there were three men altogether; I afterwards saw the two prisoners at the station standing with nine or ten other men, and I picked them out directly.
Cross-examined. The other men were about the same age as the prisoners; I should know the third man.
JOHN DAVIS (City Detective). From information I received, about 12 o'clock, on 23rd June, I went to the Tap public-house, and there found the two prisoners—I told them I apprehended them for stealing a chest of cigars—Brown said he knew nothing about it, and that he had only been with the other prisoner ten minutes before—Wilshire said "That is quite true, I have only seen him about ten minutes"—they were charged at the station and made no reply.
DANIEL HALSE (City Policeman 607). I was with Davis—I took Wilshire at 10.15—I told him it was for being concerned with others in stealing a case of cigars—he said "I know nothing about it; I enlisted in the army at 5.30 at Westminster"—I said "This case was stolen at 4.40; I found that he had enlisted on the way to the Court next morning"—he said "I suppose I shall get two stretch for this," that means two years—I said "I don't know."—he said "If the case is as heavy as you say it is, how could two of us remove it"—I said "I know there were three"—I after-wards walked from Lawrence Pountney Lane, to the Mitre and Dove, in King Street, Westminster, where Wilshire enlisted, and it took me thirty-four minutes—it is about 2 miles 17 yards; I went back by train, and it took me sixteen minutes.
JOSEPH NORTON . I am a recruiting sergeant in the 12th Lancers, sta-tioned at St. George's Barracks—on 23rd June, I was at Westminster, for the purpose of recruiting, and I enlisted Wilshire at 6 o'clock.
Cross-examined by Wilshire. I did not see you opposite King Street, I saw you about twenty minutes, before I asked you to enlist; it took me. five or ten minutes to measure you—I know the exact time because I heard the quarter go—it had not struck 6 o'clock when I enlisted you, it might want five minutes to 6 o'clock.
NOT GUILTY .
MR. RAVEN conducted the Prosecution.
The particulars of this case are unfit for publication.
GUILTY — Eighteen Months' Imprisonment.
MR. PUHCELL conducted the Prosecution.
JAMES THOMAS SHEPHERD . I am warehouseman to Sharp & Co., of Cannon Street, shortly after 11 o'clock, on the morning of 25th July, I saw the prisoner come in, he went up the back staircase, and came down again in a few minutes, stooped down, and drew a piece of holland, measuring 144 yards from under a counter—I was hidden and came out, which made a noise and he put it down and scampered upstairs—I met him near the bottom of the stairs with an empty bag, and asked him what he was doing—he said that he came to meet Mr. Cross, a traveller—he had no authority to go where he did—my employer came and he was given in custody.
Prisoner's Defence. I went up to meet a traveller who was going to give me a job. I never touched the stuff.
He was further charged with a previous conviction of a like offence at this Court in July, 1875, to which he
PLEADED GUILTY— Seven Years' Penal Servitude.
MR. DOUGLAS conducted ike Prosecution.
ALFRED HIFFAM . I live at 2, Godfrey Place, Hackney Road—in Novem-ber, 1857, I was living with my wife in Willow Walk, Curtain Road, Shore-ditch—the prisoner lived with us, and my wife's sister, Elizabeth Brown, lived next door—one Sunday morning in 1857 I saw the prisoner and Elizabeth Brown go to St. John's Church, Hoxton, but I did not go in; they came back to my house in the evening, and he was asked in my presence whether he had married her—he said first that he had not, but after a deal of talk he acknowledged it and produced the certificate—they lived together as man and wife for many years after that in Clerkenwell—they have a son nineteen years old; they parted several times, but they lived together at the first onset twelve years—I can say that they lived together till 1868—they were very rarely parted, only for a month or two, and then they came together again—she is here now.
SEABRIGHT (Policeman H 7). I took the prisoner—I produce a certificate which I have compared with the original, and it is correct. (This certified the marriage of Henry Clark, batchelor, and Elizabeth Brown, spinster, on 8th November, 1857, at the Church of St. John the Baptist, Hoxton) I have another certificate of the second marriage.
MARTHA GOVER . I live at 77, Church Street, Mile End—I was married to the prisoner on 31st October, 1875, at Christ Church, Spitalfields; he said that he was a widower—I have known him since last March twelve months, after which he courted me for about six or seven months—I never knew otherwise than that he was a widower.
Cross-examined by the Prisoner. You did not. tell me before marriage that you met the mother of your first wife, who told you that she was dead—you behaved properly to me when you were sober.
Prisoner's Defence. I met my wife's mother in Brick Lane twelve months ago; she passed me, and I ran after her. She said "How dare you stop me and ask me a question?" I said "I heard Lizzie was in the hospital, is she better?" She said "She is dead, and I do not wish to see you any more."
The. prisoner stated that he did not wish to call his wife's mother, she was therefore called by the Court.
MRS. BROWN. I am the prisoner's wife's mother—when she was in the hospital I met him—he tapped me on the shoulder, and I said "How dare you take the liberty to speak to me?"—he said "All I want to know is how is my wife?"—I said "If you go to the workhouse you will know how your, wife is, for she is laying there"—I never told him that my daughter was dead; she was alive and in the infirmary at that time—he has been such a rogue to her that it put me all of a turn.
Eighteen Months'. Imprisonment.
OLD COURT.—Monday, August 14th, 1876.
Before Mr. Recorder,
MR. CROOME conducted the Prosecution.
—close to the Sailor's Home I beard a footstep behind me, I moved on I one side and saw the prisoner and two other men—the prisoner caught hold I of me over the shoulders, right round the neck; the second man caught my I right hand, and the third man came right in between and snatched my watch—I made a grab at him and the prisoner took my legs from me, tripped me I up, and ill-used me, and the third man went ahead with my watch—I got I up and sang out "Stop, stop, stop the thief!"—some women rushed out of I a house and surrounded the prisoner and the others—I said to the prisoner I "I will stick by you till a policeman comes"—he got to the corner and I fired out three or four blows at me and knocked me down and then ran away I—two policemen were standing across the street and he ran into their I hands—I never lost sight of him.
EDWARD COOPER (Policeman H 99). I heard a cry and saw the prisoner I running; I took him into custody—he said "I have not got it——I did not I know at that time what was amiss—the prosecutor came up and charged I him with being concerned with two others in stealing his watch and chain, I and also assaulting him—the prisoner made no answer—I searched him at the station, but found nothing.
He also PLEADED GUILTY** to a previous conviction at tins Court, in February, 1872.— Seven Years' Penal Servitude.
HUBERT JONES . I am servant to Mr. R. N. Phillips, of 4, Berkeley Square—on Saturday night, 29th July, about 12 o'clock, I was in Knightsbridge with a friend named Payne—the prisoner and another soldier came up and asked us for tobacco—we said we did not smoke—they then asked us to stand treat, which we refused—they then asked us to buy a pawn-ticket—I said it was no use to me and passed on—they walked on and overtook us and laid hold of our arms as we were standing up in Park Lane; we did not walk willingly with them, they forced themselves upon us—after refusing to buy the pawn-ticket they left us—in going up Hamilton Place they came up to us again, caught hold of our arms, and asked us for money—I gave him 1s. to go away—lie said he wanted more, and as I was pulling my. hand out of my trowsers pocket there was a 3d. piece—he said "You have more and I will have it"—I said "It is only 3d."—he pulled out a bottle and asked if I would drink—I refused and crossed the road—he shoved me against the railings, pressed my chest, unbuttoned my coat, and took my watch from my pocket—I resisted, he took it forcibly from me and ran across the road—I followed and told him I should give him in charge for stealing my watch—he said "Will you?"—I said "Yes, I will," and he up with his fist and caught me a violent blow on the side of the neck, it rather stunued me for a little time—he then ran away, I ran after him; in crossing Piccadilly I missed him; I met a constable and said "Did you see that soldier running? he as stolen my watch," and the constable ran after him—I afterwards saw him in custody of two constables and charged him—on the way to the station I said "I have lost my pin," and the prisoner presently
handed it over to 191, it was mine—the watch was shown to me at the station, this is it (produced).
Cross-examined by the Prisoner. You spoke to us first and asked us for some tobacco—you had tobacco on you at the station—it was at a coffee-stall you asked us to stand treat—I did not ask you to come with me—my friend is a stranger in London—I did not say to him "You go with that soldier and I will go with this one"—I crossed the road to get out of your way and my friend walked on and did not see me—I don't recollect offering you money to give me back the watch, I did not give you the watch.
HENRY PAYNE . I am a servant at 5, Clarendon Crescent, Leamington—on this Saturday I had come to London by the evening train and was going to stay with the prosecutor—I was with him in Knightsbridge—I have heard what he has stated, it is correct—I was in front of him part of the time, I did not see the watch taken—the prisoner's companion was with me, I tried to get rid of him—I went on as far as Park Lane and then missed my friend, I waited there till he came back.
HENRY THOMPSON (Policeman C 305.) About 1 o'clock on Sunday morning I met the prosecutor, he made a communication to me, and I went after the prisoner—I found him in Piccadilly by the side of the Green Park—there were two men sitting on a seat there and the prisoner was standing there—I jumped across the street and when he saw me he said to the two men "Churns, will you take this"—he had his hand in his pocket, I caught hold of his arm, he drew his hand out, I caught it and found this watch in it which the prosecutor afterwards identified—when he came up I asked him if this was the soldier—he said "Yes," and. he should give him in charge for stealing his watch—the prisoner said "He gave me 5s. to get the watch back"—I took him to the station—on the way the prosecutor put his hand up to his scarf and said "I have lost my pin" a few minutes afterwards the other constable said "He has given me this pin"—the prosecutor identified it—I found on the prisoner a pawn-ticket and 1s. 6 1/2 d.
THOMAS STINET (Policeman C 191). I went to Thompson's assistance and helped take the prisoner to the station—on the way he pulled a pin out of the skirt of his tunic, placed in my hand and said "Take this and take no notice of it"—I told the other constable and the prosecutor of it, and he identified it as his.
Witness for the Defence.
CHARLES HUNT (a soldier). I was with the prisoner—the prosecutor and the witness spoke to us as we passed, I could not mention the words they used, I remained with the prisoner a certain time—we had to get out 1 of the way of the patrol as we were out without leave—we met the prosecutor again at Hyde Park Corner and we went up Park Lane about 200 1 yards, we there parted, and I saw no more of the prisoner till the Wednesday I following—I did not hear them ask us to go up Park Lane, we all stood I together there—I did not hear the prosecutor say "You and your friend go that way and we will go this."
Cross-examined. I was walking with the prisoner all the way up as far as Hyde Park Corner and Park Lane—I think I was about 10 yards ahead at one time with the prosecutor's friend—we parted in Park Lane.
The Prisoner in his defence alleged that the prosecutor had given him the watch for an improper purpose.
GUILTY — Five Years' Penal Servitude.
MR. PURCELL, conducted the Prosecution.
ANNIE BOYD . I am the wife of Charles Boyd, of 19, North Bank, St. John's Wood—on 23rd June, about 10.40, I was in Grove Road, in company with Miss Dean, I saw two or three men approaching, the prisoner was one of them—as they passed one said to the other "Hold her tight"—he then, put his arm round my neck and cut my watch from my chain, I screamed out and put my hand to my throat and saved the chain, as I saw something flash—he ran away towards South Bank, he was afterwards caught in North Bank—the watch has not been found.
Cross-examined by the Prisoner. I was hurt by being nearly forced back, I never got off ray feet, I was not struck—another man passed me at the same time you did—you did not tell me that that man had my watch, you said you had thrown it over a garden wall, and the policeman went and searched for it.
ELIZA DEAN . I live at 13, North Bank—I was with Mrs. Boyd, I saw the men coming towards us—I saw the prisoner put his arm round Mrs. Boyd's Deck and nearly drag her to the ground—she screamed and he ran away towards South Bank—I followed him and did not lose sight of him—I am certain this is the man.
ALFRED FOREMAN . I live at 59, Carlisle Street—at 10.40 on the night of the 13th I was in the Grove Road, I heard a scream of murder on the opposite side of the road underneath a lamp—I saw the prisoner with his arm round the lady's neck, dragging her to the ground—he then ran away towards South Bank; I followed, he doubled back and ran along North Bank; I followed him, I was about 20 yards behind him, he fell back in a gateway and pre-tended to be asleep—I accused him of stealing the lady's watch, he said "Me, I have just fell in here for a sleep, I have come from Camden Town"—I said "You are breathing too hard," and I took hold of him till the witnesses came up and identified him—before that I asked him what he had done with the watch—he said he gave it to his friend as he passed him in the Grove Road—I said "Then your friend must be found before you go"—he then said he threw it over a garden wall—the constable came up and I gave him into his hands—he tried to fight me and the other witness said "If you fight him I shall fight you."
Cross-examined. I did not ask the lady if you were the man or not, I said "If you have the watch give it to the lady like a man and perhaps she will forgive you."
WILLIAM TOOLEY (Policeman S 130). I took the prisoner into cutody—he said "I threw the watch over them doors, the lady don't want to charge me"—he resisted and was very violent all the way to the station—another. constable, 559, came up, I asked him to hold him while I looked for the watch," and when I came back and said I could not find it, he struck me in the eye and said no five men should take him—I afterwards went back and found this brooch lying under the lamp post where the struggle took place.
MRS. BOYD (re-examined). This is my brooch, I had it on at the time.
Prisoner's Defence. I was coming from Camden Town and fell in with a stranger, who said he was going to Paddington; as we passed this lady I missed him all of a sudden. I heard the lady halloo out for her watch. I saw him try to throw it away. I ran after him a short distance and the lady came up and gave me in charge. The policeman came up and threw me to the ground
and nearly strangled me. I did not lay hands on the lady; ft is a got up affair altogether.
GUILTY —He further PLEADED GUILTY** to a previous conviction in August, 1867— Eight Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
CHARLES FELTHAM (Policeman N 491). About 3 o'clock on Wednesday night, 2nd August, I was on duty in Essex Street, near the bridge over the Regent's Canal—I heard a splashing noise in the water and a moaning which attracted my attention—I looked into the water and saw the figure of a female; I then sprang my rattle and went on to the towing-path; the woman was about sinking—I jumped into the water and succeeded in bringing her to the side of the canal—a gentleman came to my assistance and helped me lift her out of the water—she was insensible—I sent for a doctor, and with help she was carried to his surgery—she recovered in about three quarters of an hour—I asked her how she came into the water—she said it was through trouble, no one knew her troubles but herself—she said her husband had deserted her—I got a cab and took her to the workhouse at Highgate—she afterwards made this statement before the Magistrate. (Read: " I did it because I was sick of my life. My husband deserted me and I have been in misery and suffered so much that I would rather die than go through the same again.")
GUILTY *— Twelve Months' Imprisonment.
THE RECORDER expressed the strong approbation of the Court at the conduct of the constable, ami regretted that there was no power of granting him a pecuniary reward.
NEW COURT.—Monday, August 14th, 1876.
Before Mr. Common Serjeant.
MESSRS. BESLEY and AVORY conducted the Prosecution; and MR. STRAIGHT
RICHARD SPARKES . I am cierk in the Record Department of the Bank-ruptcy Court—I produce the file in the defendant's liquidation arrangement—the petition was filed on 1st January this year; the first meeting, of creditors was on 19th January, at which Thomas Henry Cooper was appointed trustee.
Cross-examined. I find the list of proofs tendered at the first meeting; there are six creditors. (Reading the list: Under the head of "Creditors partly secured "is Fanny Nowick, 39, St. Peter's Street, Islington, 310l., estimated value of security 100l.; the total amount of debts is 1,927l. 1,8d.
Re-examined. There is a pencil mark against the name of Wild.; he is down as a creditor for 555l. 6s. 8d., and under the list E. I find two other creditors for rent, taxes, and wages, Mr. Dee 4l. 85., and Mrs. Matthews 11l. 5s.—in his statement of affairs the prisoner discloses 185l. stock in trade, no bad debts, no bills of exchange, no property, no surplus stock, 10s. cash in hand, and 70l. for fitting up the office in Hatton Garden.
years ago, when I was in the employ of Messrs. Cooper, of Birmingham; my first transaction with Nowick was on March 9, 1875; that was for cash—the first transaction for credit was April 12, 1875, 96l. 13s. 11d.—there were several transactions between April and September for drafts and cash, and previous to the last transaction in September, 1875, he was indebted to me about 330l. on bills current; I said to him "I hear that your brother is very likely to smash, he owes me a lot of money, and I cannot afford to lose any more if he were to go"—he said "I can assure you you are perfectly safe, whoever loses you shall not lose; I have received 1,000l. with my wife, and I shall be perfectly able to pay every one"—he was married in June; this was before I parted with 58l" worth of goods, and I did so believing I should be paid for them—I believed his statement about the 1,000l.; that was the last transaction I had with him—his acceptance given me for 40l. for the goods fell due on December 22nd, and in consequence of something I heard I went to 70, Hatton Garden, about December 4 or 5, with Mr. Gustav Wild—I told the prisoner my bills were coming due, that he owed me 390l., and I must have security—after some time he handed me over a parcel containing 1,200 pearls, which he said were worth 78l., but they really were only worth 40l.—I subsequently gave up the pearls for the general body of the creditors; they were sealed up in Mr. Wild's presence, and the seal was broken at the meeting of creditors—the prisoner's debt to me was 399l. 15s.; he has paid no portion of the last let I attended the first meeting of creditors at Mr. Louis Lewis', in Hatton Garden, on February 1, 1876, when the creditors resolved upon liquidation. by arrangement, and I was appointed trustee—the resolution was duly registered and confirmed—questions were put to the defendant at the meeting of 19th January by the chairman, Mr. Evans, my solicitor, in the presence of Mr. Eagle, who took down the examination—I applied for the keys on 2nd February, the prisoner sent them, and I took these books (pro-duced) from his office, the ledger, day-book, cash-book, bill-book, and banker's pass-book—I have gone carefully through them—the entries in the cash-book are tolerably regular to October, 1872—the capital entered at starting is 50l. in July, 1871—he wrote down for his private expenditure at first 5l., and 6l. a month—it is sometimes 30s. a week—the first credit transaction is a bill of Keller & Hahn, on November 4th, 1872, of 429l. at the end of 1873, there was a balance of about 21l. against him—on March 25th, I find credit F. E. Keller, 36 1/2 ounce topaz triangle, 136l. 17s. 6d., "March 26th" that is the next day, "Cash account 36 1/2 topaz triangle, 13l. 10s."—the banking account opens in April, 1874, with 150l.; there is no entry in the cash-book of the source from which that came—the entries in the cash-book in June, 1874, for expenditure amount to 85l. 8s.—I find in June, 1876 "Household furniture, 250l.; paid expenses in Paris, 50l.; paid house-rent, 14l. 5s.; office rent, 2l. 5s.; paid E. Nowick, that is himself, 10l.; furniture and gas-fittings, 5l.; and Taper 5s.; amounting to 72l. 2s. 11d.—the whole amount is 339l. 19S 9d.—there is an interpolated entry "June 15th, Frances Nowick, 300l"—I have carefully searched all the books, and find no trace of money from Miss Nowick, except that interpolated. entry—there is no payment of money In the banker's pass-book as coming from Miss Nowick, it is all entered as cash—the largest entry since the opening of the account is 67l., on September 14th—I find that he puts down 15l. a month for himself during the latter part of the time, besides his office expenses—this is the account from
August to December—goods received, 1,714l. 17s. 9d.; goods sold, 1,317l. 8s. 10d.; bills taken up, 848l. 19s. 9d.—that shows that the amount of goods received over goods sold, leaves a balance of stock of 402l. 8s. 4d.—taking the whole of the stock on his statement of affairs at 185l., leaves a deficiency of goods of 217l. 8s. 11d.—taking the goods received, and the goods sold, it shows 468l. 9s. 1d., as the balance received—the expenses in the cash-book, including the 15l. a month for the whole time amount to 143l. 15s., that leaves 324l. 14s. 1d. balance unaccounted for—he has never disclosed to me as bis trustee anything with regard to the deficiency of money or goods—I never saw him from the time of the first meeting—there is no entry of goods sold to Keller & Hahn on 3rd December, 1875—there is an entry in the bill-book, 358, for 50l. drawn by Keller & Hahn and accepted by the bankrupt, and this is the bill, but there is no entry of the receipt of the 50l.; the last entry of Keller & Hahn is November 26th—I find on 7th September, 1875, an entry of a parcel of brilliants at six guineas a carat, bought by him, and the same thing sold for 6l. cash—those were my goods—I find twelve bracelets at 2l. 3s. 6d., amounting to 26l. 2s., they were sold at 1l. 10s.—on 4th December, I find a ring, which was bought for 30l., was sold to a Mr. Isidore for 27l. 10s. cash—there is no trace of the money going into the bank on the 4th; the last money paid in was on 20th November—from the time of being, appointed trustee, I received visits from time to time from Mr. Stockport—I tried to see the defendant constantly at 16, Wood Street, between February and the time he was arrested, and I wrote several letters to him, but never saw him—the warrant was issued early in May, and I. went three or four times with the officer, and showed him the defendant's haunts, where he was likely to be found—I met him on 30th June, at a restaurant in Goswell Street; I sat down beside him, and told him he must come with me—he said "Show me your authority?"—I said "I have no authority"—he said "What do you want to do?"—I said "I don't want to do anything to you, but I want you to come with me to the Clerkenwell police-court"—he said that he would sue me for 2,000 guineas damages if I laid a hand on him—I asked a friend to watch him and held up his hand if he moved, and I went out, got a constable, and gave him in custody—he said that' he would not come—the policeman said "If you do not, I shall have to take you"—I took him in a cab to the station—besides the stock valued at 185l., the office furniture fetched 5l. 10s.—the stock was not all realised, but I should have the amount; it was put down at 153l., including the pearls—I have not been able to follow the furniture—those are all the assets I have had—he knew where he could find me, my address is well known.
Cross-examined. Keller & Hahn are creditors for about 300l., Wild is put down at 555l. 6s. 5d.;—I was present at the first meeting and Mr. Evans, my solicitor, was there—an effort was made by Mr. Wild to support his proof—Mr. Wild and another creditor who represented 638l. have been the defendant's bail—when the prisoner handed me the pearls I went down with Mr. Wild—Mr. Wild did'not tell me that he had seen the prisouer the day before who told him that they could not meet a bill which was due, but I had heard from Keller & Hahn that he was shaky—Mr. Wild did not tell me that he had been the day before and got some security out of the prisoner—it is not correct that I took the bag off the counter with the pearls in it and walked off with it and that there was a regular tustle between me and the prisoner in the shop—he followed me into Hatton Garden, but there
was notustle—he said "If you are going to stick to them now, I must have them back—I said "No, they are given to me as security"—he did not object to my having them then, but he afterwards did—I had about 45l. worth of cash transactions with him before I gave him any credit—I knew that he was dealing with Keller & Hahn and with G. Wild, and that his cash transactions with them were very extensive; that appears by the books—I do not find the record of any banking account prior to the one opened in 1874—the last entry in the bank-book is November 20th, 1875—the term he uses in the cash-book as to monies received, is put under the generic term "cash"—I find on July 2nd, 1874, "Cash, 40l.," paid into his bankers—I have had with the prisoner what he called exchange transactions, I had goods which would suit him and he had goods which would suit me—the inuoices are made out by both of us and the balance is paid for—the price we sell at is a matter between tradesmen, he ought to know his trade—I have had three or four exchange transactions with him to the extent of 40l. or 50l. in one instance—I borrowed 20l. of him at the beginning of October, 1875, because I was afraid of his bankruptcy—his brother had a bill coming due on the 9th, and I borrowed the 20l. to pay that bill—I paid back six-teen guineas in cash and the balance in silver goods, old coins at 6s. an ounce—I find that on November 4th, 1875, he paid a bill for 50l., and one on the 15th for 46l. 13s. 11d., one on the 16th for 25l., one in November for 62l. 15s., one on December 3rd for 30l., and one on December 4th for 50l.; that 50l. was the I O U of Keller & Hahn—neither Mr. Keller nor Mr. Hahn are here—it was about the beginning of February that he gave me the key which enabled me to get the books, he has not had them since, nor has he been to see them—he was married in June, 1874.
Re-examined He received in July, 1876, from persons whose names appeared in the cash-book about 55l.; from persons other than Miss Nowick there was no payment from July till December, when 25l. was paid in—50l. was paid in on February 3rd, 1875—turning to the cash-book I see that he received 50l. from one man on 3rd February—I still say that there is no trace of money coming from Miss Nowick—when he receives money he enters "Cash account," meaning that he receives the money—the amount of the bills is 100l. each—Mr. Wild, a precious stone dealer, is one creditor, and Mr. Coxgrave, a fancy dealer, the other—Mr. Wild has possession of all the stock, except the pearls.
EDWARD DUNCOMBE EAGLES . I am one of the firm of Evans and Eagles, solicitors, of Bedford Row—I attended the first meeting of creditors on 19th June; the defendant was examined—this is my note of his evidence. (In this the defendant stated that he had been in business five years, that he com-menced with 100l. lent him by his sister, who lived at 35, St. Peter's Street, Islington, but declined to say whether there was any entry of that in his books, that he had not pledged his goods or deposited them with anybody, and had no pawn tickets.) This is the office copy of the bill of sale. (This was dated 24th june, 1874, between Eugene Nowick of the one part and Fanny Nowick, spinster, of 35, St. Peter's Street, Islington, of the other part, by which the defendant assigned to Fanny Nowick all his household goods and furniture and effects for the consideration of 315l. with interest, at—five per cent.; to this was appended a schedule of the furniture.) An affidavit was filed with the bill of sale, by James Leslie, who is described as a clerk in one part of the affidavit, and in the other as a commercial traveller—I have not attempted to find him, but Mr. Cooper has.
Cross-examined. I took the examination down in longhand—Mr. John Evans, my partner, conducted it—Nowick signed it and made no objection to its accurracy.
LAMBERT MATTHEWS . I live at 42, Pen Road, Upper Holloway—my wife is the owner of 39, St. Peter's Street, Islington—in June, 1874, that house was let to the prisoner and his brother Alphonse Nowick, and from June, 1875, the prisoner alone occupied the house; the rent was 45l. a year—a quarter's rent, 11l. 5s. was due at Christmas—Mr. Kennedy was our agent in levying a distress for that sum, but all we got towards it was 18s. 11d.—ray wife is also owner of No. 35, St. Peter's Street, which is given in the bill of sale as Miss Nowick's address—that house has been inhabited by Mr. Rogers eight years—nobody named Nowick has lived there during that time.
CHARLES KENNEDY . I am a licensed appraiser—I levied a distress at No. 39, St. Peter's Street, Islington—this (produced) is the condemnation paper—I am able to say that only the articles mentioned here were on the premises, all the rest had gone, except a piece of drugget, a bed, bedstead, and drawers, the total value of which was 4l. or 5l., which were given to the defendants, so that he might give up possession; you will find more in the paper than the fixtures—I knew that he was a liquidating debtor perfectly well—this is the list of articles sold, they realised 3l. 15s.; that was independent of the gas fittings, which it was agreed the landlady should have in liquidation of her rent—my costs left something like 18s. 11d. to hand over.
GUSTAV WILD . I have known the defendant five or six years—I first had business transactions with him in 1871, mostly cash, but only to the amount of 10l. or 20l., till the beginning of 1875, he then asked me for credit, telling me that he had got 1,000l. with his wife, which induced me to give him credit for 200l.—I continued those credit transactions with him, and the last was in September or October—after he failed he told me that it was all false, and that he did not receive any money with his wife—in December, 1875. I went to his place of business and found Mr. Cooper there—the defendant said that he could not meet his liabilities, and Mr. Cooper wanted some securities—the defendant showed all the goods he had, he showed a lot of pearls, Mr. Cooper got hold of them and took them as security—I mean that the defendant handed them over and gave him an envelope to put them in—the defend antowed me about 280l.; he did not apply to me for further credit in December—I don't think I saw him till about 6th December.
By THE JURY. I should not have parted with my goods if he had not made that statement with regard to his wife.
MR. STRAIGHT here consented to a verdict of GUILTY on the Sixth Count only — Three Months' Imprisonment.
361. HARRY CLENCH STANLEY (34), and EDWIN BUCKLE INGHAM (40) , Unlawfully obtaining a promissory note for 187l. 10s., of David Macfie, by false pretences. Second Count—for a conspiracy to obtain 500l. from the same person.
MESSRS. M. WILLIAMS and PEILE conducted the Prosecution; MR. STRAIGHT
appeared for Stanley, and MR. BESLEY for Ingham.
SAMUEL HAYMAN . I am a clerk in the Joint Stock Company's Register Office—I produce the register of the Church and Empire Fire Insurance Company, Limited—the company was registered without articles. Of association—this is the memorandum of association—I know Stanley and believe this entry "Martin & Co., 8, Gracechurch Street," to be his writing—I know him by registering companies—this "Registered without articles of association" I believe to his writing also. (The share register was here put in, in which the names of Ingham and Stanley appeared for 2,000 shares.) I also produce the proceedings in certain other companies.
Cross-examined by MR. STRAIGHT. I understand the Joint Stock Com-panies' Act very well, the part certainly relating to registration—there are companies registered under Schedule A and Schedule B——this company is properly registered, it fell under Table A—I do not know whether Stanley was carrying on business as "Martin & Co."—I do not think the signature "Stanley "is here—I am well aware that there was an Original subscription as required by Act of Parliament—I do not know whether the defendant subscribed for a large number—there is a return of the share-holders—Martin & Co. subscribed for 250 in the original—this list is supposed to be a copy of something which is kept in the company's office.
Cross-examined by MR. BESLEY. The public can see these papers in the office on payment of 1s.—there are no promoters; the documents begin with the registration of the memorandum of association—there must be at least seven promoters, who very often take one share only—in this case you have the figures before you—I cannot tell from recollection how the capital is divided; anyone paying 1s. would see what there is there—the office is now at Somerset House—there is a clear statement that the capital of the company is 2,000l.; there was a proposal to raise the capital to 27,000l.;—there is the resolution to increase, and there was afterwards the notice to increase which the Act calls for—that was confirmed on 20th March, 1876—I know nothing about the company's transactions—their nominal capital was 2,000l.; that was afterwards increased to 27,000l.; that was practically an increase of 25,000l.—one of the objects of the company was to guarantee a capital of 498,000l., and for that purpose to accept the guarantee of those who insure—I know nothing of Mr. David Macfie.
DAVID MACFIE . I am an accountant, of 167, St. Vincent Street, Glasgow—in the beginning of May, 1876, I received this letter, dated 2nd May, and headed "Private." (This was signed Gordon S. Monroe, secretary, and inclosed the witness' appointment as resident secretary to the company, stating that the capital and guarantee fund now amounted to more than 55,000l. The appointment stated that he would have 25l. per annum for office expenses as soon as he had done 500l. in premiums, and 25l. more for every additional 500l. in premiums.) On 8th June I came up to London—I had at that time a cheque for 117l. on the Commercial Bank of Scotland, which I sent to Mr. Ingham, and subsequently saw him and wished him to cash it; he said that he would pass it through his bank and give me the cash—he said that it could not be cashed for four days, being a country cheque, but he gave me 5l., and I gave him an I O U for it—I saw him again eight days afterwards, as far as I recollet, when he said that there was some mistake, and gave me 3 1/2 l., and I gave him a receipt—I have a brother in Australia who has something to do with an Australian company, which I told Ingham he
wished to be registered in London, but it was not to be subscribed for—he said that he would introduce me to Mr. Stanley, a gentleman of grea influence in the City, who would introduce me to some gentlemen to become directors in this country of the company already established in Australia—up to that time I had not seen Stanley—on 13th June I went to the office on the company's affairs, and I also wanted the cheque—I saw both Ingham and Stanley; Ingham handed me this prospectus (produced) of the company—I had a property in Glasgow connected with my father, and I told Stanley
account, 31l. 10s.") I had never paid Stanley any cash, nor had I autho-rised Ingham to charge me in that way, or to charge me for work and labour done in that way—I have never received any of the money back or the pro-missory note, with the exception of the 39l.
Cross-examined by MR. STRAIGHT. My promissory note was payable to the Church and Empire Insurance Company or bearer; it has not been dealt with; I may have to pay it; it was at three months after date from 13th June—my age is 24, I am quite sure of that—I am not agent for other Companies—I was agent once for the British Provident Life and Guarantee Company—I ceased to be so four months before it became bankrupt, and that was conducted by Mr. Ingham, he got the management of it two months before its bankruptcy—I knew that he had become connected with an office which had become bankrupt, and he said he had lost 500l. by it—I did not contemplate an Australian Company, because it was partially formed already, it was only a board of directors—the capital was subscribed already in Australia, but they wanted it to be registered in London, with one office in Melbourne and another in Sydney—I seriously contemplated that, and I mentioned it to Ingham, and said that it only wanted direction, and he mentioned it to Stanley, who he said would get directors for the company—I knew that some articles of association were printed with Stanley and Ingham's names as directors—I knew that the memorandum of association was printed—I saw them and agreed in the terms of them under his responsibility—I signed them, it was for advancing money on security in Australia; the chief office was to be in London under his responsibility, because he was to take the management—I know that he paid for printing them.
Cross-examined by MR. BESLEY. The first I knew of Mr. Ingham was when he endeavoured to save the British Provident from bankruptcy—I did not solicit to be made agent of the British Provident; I wanted to set my shares—I went into it before I knew Mr. Ingham—I did not want him to take off the loss for me—at the age of twenty-four I have taken shares in three companies, rather too many for my pocket—I took shares in the Glasgow and Caledonian Railway, and the North British, in one or two building companies, and in the British Provident Insurance Company—I cannot recollect whether I was a shareholder before I was twenty-one—I was not made con-tributory for the debts of the British Provident, because my shares were paid up in fuli; I had 100 paid-up shares—I joined it before Ingham knew the company—they made a claim on me for a balance of 1l. 10s. and I paid that—I said that I held a receipt for the 1l. 10s.—I have had no further trouble except that they have not sold my shares—I would sell them to anybody who would buy them just now, I would not sell the purchaser of the shares, but I have sold myself—I said that I would sell them because they are worthless, nobody will buy them—200,000l. was subscribed in Australia for the Australian Company—Mr. Stanley may have put it as millions—I did not pay the printer, but I saw him paid, and Mr. Stanley was managing director—the 200,000l. was subscribed in Australia—I repre-sented to Ingham that my brother's mortgages were to be disposed of by the company; the company were not bound to take over the mortgages, there was no contract, but 'they were to be at liberty to take over my brother's mortgages if they liked—ho wanted the company to do it because if the land was sold at a public sale it would run up—he is older than me—he is not in this country—I told Ingham that if he showed me the names of the directors, and they were substantial, I was quite prepared to guarantee
the expense of registration and establishing the office—I promised to provide 200l. for registering the company. if they showed me the names of the gentle-men who they could get as directors—the preparation of the articles of association was to be done by a solicitor—if I got the names of the directors all the expenses were to be paid by me—the 200l. was not for Stanley and Ingham getting the directors, it was for all the expenses of the company after the directors were obtained, there was to be no promotion money because it would not be allowed—the 200l. was to be paid by me, 60l. was to the Registrar for registering the company—I mean to represent that that fee had to be paid, I ascertained it—I was to retain the 150l. balance in my possession and pay for the books; it was to be paid for the preliminary expenses; not to Stanley and Ingham, they said that they should be quite satisfied if they had the post of managing directors—it is not the fact that I apoligised when when I gave the cheque for 117l.,; that it was all I could get towards the 200l.—it was Mr. Murray's cheque—he had a banking account and gave me the cheque for 117l. late on the night of my leaving for London—I pledge my oath that that was not towards the 200l.—I wrote to Ingham enclosing the cheque and asking him to cash it—I was in partner-ship with Mr. Ware—he is about my age—he had an interest in the 117l. cheque—(Looking at a letter) it is not the fact that Mr. Ware does not believe a word I say—I see that he says so in this letter; but Mr. Ingham stated that money was paid by me—I say that that arose from Ingham's misrepresentation—I had no account sent in to me with reference to the disbursement of the 117l.—I had two accounts from Mr. Stanley and Mr. Ingham—it is a lie that I said I had been to Brighton on a spree and got into the clutches of some women and wanted 30l. to pay them off—I did go to Brighton, but I never told that story, true or false, nor said that I wanted 35l. to get square—I got 34l. on 13th June—I was at Brighton on a Sunday, only one day—I did not represent to Ingham that I had been there on the spree—I said that I must have money or I should put it into the hands of my lawyer—I had 34l., and Mr. Monroe gave me 3l. and 5l. besides, and I gave him an I O U for that—Stanley gave Greenaway, the printer, in my presence a cheque for printing the articles of association—I don't know how much it was—I know it was about 20l—I did not make a promise to Ingham as to the Australian—when I first went to the police-court it was in respect of the 117l. cheque of Murray's, but I did not limit it to that; I most distinctly did not withdraw the question of the 117l. cheque, but it was not investigated before the Magistrate—I have given a promissory note before, but not for shares—this was not to represent my commission on 10,000 shares—the premium was 15l., and I paid it all out of the 187l. cheque; that was diminished by the 15l.—I gave Ingham the 3l. to pay Monroe, it was three gold sovereigns—I came to London on Thursday, 8th June, and went to Brighton on Sunday—I was at the office on the 8th, 9th, and Saturday, 10th, and on Monday the 12th—I did not inspect the books of the company—I saw one of the pages of the share register—I passed about eight hours altogether at the office—Mr. Ingham said he thought I could be agent for the whole of Scotland, but it was not proposed by me—I told them of my going to Edinburgh and appointing an agent under me—he said that any agent appointed by me in Scotland was responsible to me—I proposed that I should be appointed for the western district of Scotland, and that I should have 25 per cent of the premiums for the first year—I wanted to get a local board of directors in Edinburgh
and Glasgow—finally I found that my partner Ware wanted to get my appointment, from Ingham's representation—my object in going there was to get back my promissory note.
Re-examined. My solicitor was Mr. George Lewis: Messrs West & King, my own solicitors represented to me that they did not do criminal business—this letter about not taking my word is in Ingham's, writing. (Read: " 1st July, 1876. Dear Sir,—In reply to your inquiry of the 29th ult, I beg to say that immediately Mr. Macfie came to London I collected a cheque for 117l. for him. The cheque was on Edinburgh, and payable to Mr. Macfie's order. I may also state that we have received many strange inquiries respecting Mr. Macfie, one being from Messrs. Stubbs's Mercantile Office, London. G. B. Ingham, General Manager.")" Iugham had not collected the 117l. and handed it to me—this other letter is also in Ingham's writing. (This was dated 20th June, to the witness, stating that Mr. Stanley and himself were promoting the company and expected to have it registered in a day or two.) This letter is also in Ingham's writing. (This was dated 2nd May, and stated that the paid-up capital and guarantee fund amounted to more than 55,000l.)
GEORGE ADAMS WINDSOR . I am a clerk in the office of West, King & Adams, the solicitors for the prosecution—I produce a notice to produce—I served a copy of it upon Mr. Stachpool, the solicitor for Ingham, and another on Mr. Chapman, the solicitor for Stanley, last Saturday, August 12; I had also served on them on 8th August, a general notice to produce—I have got a copy of it—it was in the shape of these printed words without the pencil. (The first was a notice to produce all books, letters, papers and writings, and the second named the documents and books.)
By THE COURT. I served the notice on Mr. Stachpool on Saturday, at about 3.5—I did not see him; nobody was there, they had gone.
ANDREW WILLIAM TIMBRELL . I am a clerk to Messrs. West & King—I attended during the inquiry before the Magistrate and heard you (Mr. William) on each occasion call upon Mr. Beard, who represented Ingham, to produce the books, and he declined on each occasion, and as we ascertained that they were in his possession, and were admitted to be so—I served him with a subpoena duces tecum, upon which he said "Oh, I have parted with them," and refused to tell me to whom he had given them—he was then representing Ingham as far as I know—Stanley was represented by Mr. Chapman, and I saw him in the interval between the committal and the trial with reference to these books, and he assured me that they should be produced in Court.
Cross-examined by MR. STRAIGHT. He said that he would do his best to obtain their production—I cannot recollect what he said before the Magis-trate, but I will not say that he did not say that he was anxious that the books should be produced on Stanley's behalf, nor do I recollect Stanley saying so at the police-court, but I cannot take my oath that he did not.
FREDERICK WEST . I am of the firm of West, King, Adams & Company, of 66, Cannon Street, solicitors for the prosecution—I attended at the office of the Church and Empire about a fortnight before the committal, and saw Stanley—I tendered him a 1s., and asked to see the share register—he refused to take the 1s., and said that he was quite willing to produce it and did produce it—I then asked him if he would have an office copy of it made out for me, for which I would pay, and I took a copy of it in his pre-sence—he saw me write this copy (produced). (Mr. Besley objected to the
reception of this evidence, and requested that the question might be reserved if it became necessary.) The colums of the numbers come first and then there is a column for the names. (Reading some of the names, among which were "Martin & Co., 1,250 shares; F. Adderley, 250; G. S. Monroe, 125; E. B Ingham, 1,000; Ingham & Stanley, 1,000.")
Cross-examined by MR. BESLEY. As early as 24th or 25th June, I was consulted by Mr. Macfie—that was not in consequence of a claim being made on him for 250l. Mr. Lewis had the management of it, and a letter came making application for the payment of 250l.,—I sent a letter saying that we should defend any proceedings which were taken—the cheque for 117l. and the 110l. promisory note were put into my hands by Mr. Lewis, 'he had both matters—I simply sent this letter—Mr. Lewis retired from this case when he found that the Bravo case would last too long and he placed it in the hands of Mr". S————I mean to say that no charge was ever made with regard to the 117l. cheque—the original charge was obtaining a promissory note by false pretences—there was no original charge about a false prospectus or a conspiracy. (Mr. Besley stated that the books were now in Court.)
FREDERICK ADDERLEY . I am living at Highgate at present—I know Stanley, he was trading in the name of Martin & Co., last November—I was not then a Director of the Government Security Co-operative Company, but I was afterwards—Stanley solicited me to join—he afterwards mentioned to me the Church and Empire Fire Insurance Fund, and I signed the memorandum of association for 250 shares and paid 250l. for them between 30th November and 17th December—I quitted the company on 9th February—I was one of the managing directors with Mr. Stanley up to that time—I do not know of a penny being paid for any shares except my own—it was in consequence of something I heard that I retired from the company.
Cross-examined by MR. BESLEY. Up to the time I left, Mr. Ingham was was not there, not up to 9th February.
Re-examined. During the time I was there, Ingham had nothing to do with the Board, Stanley was the managing director—there was no banking account while I was there.
GORDON SUTHERLAND MONROE . I am Secretary of the Church and Empire Fire Insurance Company, I received this draft letter from Mr. Ingham—I copied it and sent it to Mr. Macfie—the defendants were managing directors, and the business was carried on at 164, Queen Victoria Street—the Government Security Company have also their office there—Martin & Co. have not, but there are several offices there—as secretary I was not aware of the existence of any bank belonging to the company—Ingham had a private banking account at the Central' Bank, Newgate Street—my salary was 125l. a year payable in shares—I was not paid 1d. in cash—I have the scrip for my whole twelve months' salary—I paid all cheques I received to Mr. Ingham; they were the payments of agents for premiums—I never saw a banker's pass-book there—this cash-book (produced) is not in the writing of any of the clerks in the office—there were three clerks besides myself, Mr. Walker, and two others—I put myself in communication with different provincial newspapers—they were paid by fully paid up shares in the company—this "Monroe, 125l.," in the cash-book is my salary—I kept this share ledgor with the agents accounts—I see."Beach, 17th May, 1876, 30l., and 27th May, 79l.; 10s., Beach was one of the agents—I handed those cheques to Mr. Ingham.
Cross-examined by MR. STRAIGHT. Mr. Adderley was manager of the company, for a very short time after I joined—he left on 9th February—I was perfectly satisfied to take the payment in shares for my year's services—I am not at all acquainted with the principles of life insurance—I know that the mutual principle is applied to life insurance, but I believe this is the first time it has been applied to fire insurance, it is a new idea—I was in the habit of writing the letters, not a single letter went out of the office which was signed by Mr. Stanley during the last two months—I never received any instructions from him with regard to sending letters—that would cover the letter written in May to Mr. Macfie—I know that Mr. Stanley was absent the whole day on several occasions—I never knew him except as Mr. Stanley, he never to my knowledge received a single 6d. in salary from the beginning to the end—Stanley had nothing to do with filling up the allotment papers produced by Mr. Macfie; and I am certain that Stanley and Macfie did not meet till 30th June—people are very anxious to be agents for these insurance companies in towns—I am aware that by the memorandum they were authorised to raise in the first instanee 2,000l., and afterwards 27,000l., and they were afterwards authorised as insurances went on, to create a guarantee fund up to 495,000l.
Cross-examined by MR. BESLEY. The page of this policy book which you have opened is in the writing of one of the clerks—the book was kept in the office—it does not show 364l. in premiums effected; a great portion of that would be in the hands of agents—300l. in premiums would not be paid to the company on page fifteen; only a very few—taking all the pages there are 300 more not reckoned up—that was afterwards done, and there was between 600l. and 700l. for premiums during six months from December 1875, to June 1876—I believed in the soundness of the concern, and I took my salary in shares—I was appointed in March, as secretary—I took all my directions from Mr. Ingham, as to the mode of keeping the books, but he did not interfere as to the actual book-keeping—I was aware-of the statement registered capital 525,000l. on the prospectus—I was under the belief that it was true, and I had the means of. testing the I had thought it was an unfair representation I would not have accepted the office and would not have remained a day.
Re-examined. I am there still, and I intend to remain until the accounts of the company are wound up, because I am under an agreement for twelve months—Greenaway printed documents for this company as well as for the Australian company.
WILLIAM MELANCTHON SAUNDERS . I am a clerk in the Central Bank, Newgate Street branch—Ingham had an account there in the name of E. B. Ingham—I keep the ledger; the account was opened on 22nd May, although we received a cheque three days before—it was opened with a cheque for 30l—153l. was the greatest daily balance—the state of the account on 13th June was 38l. 5s. 5d.; it is now 12s. 1d. overdrawn.
WILLIAM TIMBRELL (re-examined). On 22nd July I called at the office of the Church and Empire for the purpose of making inquiries; I did not say who I was—I had in my hand a prospectus of the company—I saw Ingham and asked him for particulars as to the amount of paid-up capital.
MR. BESLEY objected to the relevancy of this evidence, and it was not pursued further.
NOT GUILTY .
Before Mr. Common Serjeant.
Before Robert Malcom Kerr, Esq.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
BENJAMIN BARON . I am a hay carrier; I reside at Chadwell—I know the prisoner by sight—I saw him on the 28th of August at Stratford, High Street—he was wearing the coat produced—I stopped him and asked him where he got it from; I knew the coat—he gave me a saucy answer—I told him I wanted the coat, it belonged to Mr. Wackett—he refused to take it off and I gave him into custody—I knew the coat as belonging to Mr. Wackett.
CHARLES PERRIN (Policeman K 640). The prisoner was given into my custody by the last witness—he was wearing this coat (producd)—I asked him how he came by the coat, and he said "It is a job for you to find out"—next morning he said "I will tell you the truth; I saw a man on the 22nd, and he told me I had a very bad coat and he could find me a better one, and he went into the yard and gave it to me"—he could not describe the man.
GUILTY — Three Months' Imprisonment.
366. THOMAS CARTER (41), and WILLIAM GRIFFITHS (36) , Un-lawfully conspiring to obtain of the London and St. Katherine Docks Com-pany divers of their monies. Other Counts—For unlawfully attempting to obtain the monies, also charging Carter with soliciting and inciting Samuel Homeyard, a servant of the said company, to cheat and defraud them.
MESSRS. BESLEY and J. P. GRAIN conducted the Prosecution; MR. GILL appeared for Carter; and MR. SIMS for Griffiths.
MICHAEL ADAMSON . I am resident engineer at the Victoria Docks, belonging to the London and St. Katherine Docks Company—in the early part of this year the company wanted to fill up a hole with rubbish, and entered into contracts for that purpose, sending out tenders—there was a very large quantity of earth required—these tenders were put out, and I received this letter in answer to them from the defendant Carter. (Read: "Winning Horse, Brumel Street, C. Town, March 24, 1876. Gentlemen,—I, Thomas Carter, hereby agree to do the undermentioned work required by you for filling up of shed with good dry rubbish in the Victoria Dock at the following price of 1s. per load. Yours obedly., Thomas Carter, contractor and carman, C. Town.") The work began in April—the carman gave tickets
to the gatekeeper, which were sent to Ellis, the police-officer, and ultimately I came to me at my office—the master carman sent in his account which checked I with the number of tickets that I had taken each day—in consequence of some information I received on the 6th June, I wrote to Carter on the 30th for his account—after writing two letters I received this account (produced) on 3rd July from Carter—on the same day I saw him at his office and I showed him this account—I asked him if it was correct and he said "Yes "—Mr. Griggs, in my presence, called his attention to a particular part of it.
Cross-examined by MR. GILL. I have been twelve years in the service of the Company and I think I have known Carter nearly the whole time, and he has during that time been doing work on and off for the company, per-forming contracts—there were several applicants for this particular contract—it was given to Carter from the knowledge that we had of him and it being the lowest price—I have myself given him one or two contracts, I think.
Cross-examined by MR. SIMS. I have known Griffiths during the twelve years I have been with the company, and I believe he has been in their employ for the last nine years and has borne a good character.
Re-examined. Carter keeps a public-house near the docks, so that he would be very well known in that neighbourhood.
SAMUEL HOMEYARD . I live at East Ham, and have been in the service of the London and St. Katherine Docks Company for eleven years—in May last I was gatekeeper in their service, and on May 23rd I was on duty at the south gate of the Victoria Docks when,—between 9 and 10 o'clock in the morning, I saw Carter at the gate—he asked me if I would like to get 2s. or 3s. for beer—he said my mate did, not the man on last week, but the week before—he said "I will give you ten passes extra to what had passed during the day, that would be 5s. for you and 5s. for me"—I said there was some one tallying below—he said there was not, and if there was there would be two to one—I declined, and he went away—I saw him next day between' 3 and 4 o'clock in the afternoon at the same gate—he said "There is no occasion to take so many as I said yesterday, take five which will be 2s. 6d. each, or as few as you like"—I said I had my wife and family to study—he said he had the same, "I wouldn't ask you if it was not all right;" he then went away—I believe on the 6th June I made a communication to Ellis, the chief constable,—it had been the practice of Carter to give me 1s. a day for keeping the cart-road clear and giving right information, a check, in fact, on his own carmen for the quantity of loads that passed in and out—the Dock Company did not know that I got that 1s. a day until I reported—the name of the man at the gate the week before the 23rd May, was Fair-weather, and the man who preceded the week before that was the prisoner Griffiths.
Cross-examined by MR. GILL. I should think I have been the gatekeeper about seven or eight years, during which time I have seen Carter, I cannot say particularly often—I do not know that he has constantly had contracts with the Docks—he came up to me as usual and paid me the ls. and asked me to take ten passes—he came to give me the 1s. every day—there was a good deal of traffic that day when he made the proposition about the ten passes; I refused it—I did not make any communication that night—he gave me the 1s. five days that week—there was nothing doing on the 6th day—I kept my information to myself till 6th June—I have never had
any quarrel with Carter—I hare never said I would do him an injury if I could; I should be very sorry to do so to any one without provocation—I made the first communication to Mr. Ellis, the head constable, when I think, I was on the principal gate—I went to the office and made the communication.
Cross-examined by MR. SIMS. Griffiths and I were both gatekeepers, and I have known him for some time; I have never had anything unpleasant with him—I subscribe to the same benefit lodge, the Beehive—I have been sick and taken round a petition to be signed to obtain me some benefits which Griffiths refused to sign—I did not tell him I would be even with him and do him an injury; I cannot say how long that is ago—I don't know that I said before the Magistrate that of my own knowledge I knew Griffiths was the second week before Fairweather at the south gate—I might; they didn't ask me that question—I believe Carter told me that the man who was at the south gate the second week before him had taken some tickets—I did not say who it was before the Magistrate; I would not tell a lie if I knew it.
Re-examined. My reason for delaying giving information from the 23rd May till the 6th June was that I did not like to hurt my fellow-mates; I was going to state that just now—the matter of the paper I have spoken of relating to the lodge I rather think was last year; the head constable will tell you—I had no resentment against Griffiths.
EDWARD ELLIS . I am head-constable to the London and St. Katherine Docks Company—it was the 5th June that Homeyard made a communication to me; on the Monday, Bank holiday—it was the duty of the gate-keeper who took these tickets to bring them to my office every night, and I handed them on to Mr. Adamson, the engineer—on the 29th June, Griffiths would be the gatekeeper, on which day he returned to my office these twenty tiekets (produced)—it was also part of Griffiths's duty to make an entry in a book he kept for that purpose of the number of loads brought in, and I took this book from him on the 29th June (produced)—that entry at the top of the page "29th June" is in his handwriting; "Thursday, 29th June, 1876, loads of rubbish brought in twenty, William Griffiths"—I com-pared the entry in the book with the account sent in by Carter to Adamson, and found the number of loads charged in the account corresponded with these tickets—I afterwards examined these tickets that Griffiths brought, and found eleven of them folded in a peculiar manner; the other nine appeared to be quite fresh—Griffiths was gatekeeper from May 8th till I May 13th; Fairweather the next week from the 15th to the 20th, and then I Homeyard, and then Rudkins, and then Prowse—Griffiths came on again I the week ending the 26th June—this is the book from the south gate—I can speak to my own knowledge as to the gatekeepers at the gates.
Cross-examined by MR. SIMS. This is signed every week; I do not know where the other pages are—I have another book—there are nine gatekeepers—it is the rule for the gatekeepers to be shifted week by week round the docks, but it is not always followed up; now and again a man is taken from one point and put to another—I would not swear that Griffiths' week is not the week that is torn out—I don't know where those pages are; I did not tear them out—the book has not been in my custody, but the gatekeeper's—I cannot tell whether at the time evidence was given before the Magistrate Homeyard was at the south gate—before the Magistrate Counsel called attention to the fact that Homeyard had not been asked to swear that it was Griffiths at the south gate the week but one before the conversation that I
was referred to; Griffiths's name was never mentioned—I do not remember something being said about the books and your asking for them to be produced.
Re-examined. I have nothing to do with the mutilation of this book—Griffiths signs on the 13th May; that is his writing; Fairweather signs for every day in the following week, and then Homeyard.
By THE COURT. An intimation has been given by the company, that every person receiving 1s. a day in that way shall be instantly dismissed.
FRANCIS PALMER (Police Sergeant). I am employed by the London and St. Katherine Docks Company at the Victoria Docks—on Thursday, the 29th June, I was instructed to watch the south gate of the Victoria Docks I without being seen, in a shed—I could see the south gate from the shed, which I should say was 200 yards off—this was the road over which the carts taking rubbish for the purpose of filling, passed—I was there from 6 o'clock in the morning till 6 o'clock in the evening—eleven carts of rubbish went in at the south gate that day; I reported to Ellis the same evening, and I made an entry in a book at the time, which I gave to Ellis—that is the book (produced); I marked the minute that each had passed in.
Cross-examined by MR. GILL. I did not know what I was put there for except to watch—I wasn't by the gate, there is a swing bridge which is lifted up to let the ships go through—there" is. no shed between that one and the gate, only one shed—I am sure you can see the gate from the shed that I was in—there is nothing between—the engine-house is a little wide of it—it would not prevent your seeing the gate—the shed is 100 yards from the gate, it is about 40 or 50 yards from the nearest point of the road where I could watch the carts passing—I was inside the shed sometimes—I was there from 6 in the morning till 6 in the evening, I swear that I never left—I looked through the chinks of wood to see the carts pass—I was not there the day before—I passed it occasionally—I was there the day after—there is not much traffic along the road—when the swing bridge is up a good deal of traffic accumulates—after it is let down a good many carts have to come in and go out occasionally, not always—the carts going in the left side of the gate would go the left side of the road—the carts passing in, would pass the off side of the road, and those going out would pass nearest to me—I did not see any man in the shed on the Friday, and no horses during the whole day—I stood with my face to the chink, with my eye watching from 6 in the morning till 6 in the evening—I went to the door sometimes—I spoke to no man there—I did not say to a man on the Friday afterwards that I wanted to go away, but could not go because my governors were near the gate—the shed is not divided, no horses in it, nothing of the kind—I did not notice any carts with the carter's names on them going in.
Cross-examined by MR. SIMS. From the position of the shed, the carts going into the dock, would be on the prisoner's side of the roadway, and the stream going out of the docks would be between the shed and the stream going up—I stood in the shed watching the whole of the time on the Thursday, and again on the Friday, from 6 till 6 o'clock—I did not have a newspaper, I watched while I ate my meals—I do not know a man named Perry—there are some stables there, not where I was, there is a partition between—I didn't take any particular notice—(Joseph Perry called in) I know him by sight—I saw him going to and fro on the Thursday and Friday from the stables, part of the same building—I was in
—I might have spoken to him, I was round there on the Wednesday—I first received instructions to go down to the south gate on the Wednesday—I did not go to the shed on the Wednesday, not watching—I never had instructions to watch the gate till then—these entries were made at the time I saw them—6.50, is the first, there was not one at 6.20—I was there at 4.30, the last one passed in at 3.30, I will swear one did not pass in at 4.30—I don't know whether I was there on the 1st July—I never had any conversation with Homeyard between the time of this happening and going up to give my evidence, I might have seen him—nobody has told me I was a fool for the way I watched on that day—I have heard people say about the docks, that we were two fools for doing it—I don't know Goodman, a shunter on the Midland Railway.
Re-examined. I took my meals with me, as I had express directions not to leave the shed—the carts would be, say three minutes, in passing over the space within my view from the south gate till they passed out of my sight—I kept observation sufficiently to know that carts passed only to the number of eleven times, as I have said—I don't know when that man came down to the stables and found me watching—thirteen loads passed on 30th June—I might have seen the man on both days.
By THE JURY. I belong to a benefit society, but not the same one as Homeyard.
THOMAS GRIGG . I am an inspector of police at the London and St. Katherine Docks, and my office is at the London Docks—on 6th June, in consequence of information I received from Ellis, I gave instructions to Palmer to watch the south gate on 29th June, and from information he gave me I saw Griffiths and said "Griffiths, there appears to be some mistake in reference to the number of loads of rubbish that passed in your way; you appear to have taken twenty tickets whereas only eleven loads have, gone in;" to which Griffiths said "I don't know how many tickets I have, for each ticket, however, there was a load of rubbish passed in; I don't know anything wrong"—I then looked at the book which he had, and I saw he had an entry of twenty tickets; that is the red book you have seen—I saw he had twenty loads entered therein—on the following morning, the 30th, I went to the Victoria Docks again when I saw Griffiths—I told him this appeared to be a very serious matter, and whatever he had to say he should be cautious, as I did not know what the result might be—I said "How do you account for twenty tickets in, your possession when only eleven passed in?"—he repeated that he did not know how many tickets he had taken, but he knew he took a ticket for every load—I saw him again shortly after, the same day, at Mr. Adamson's office, in his presence, when the account in which the twenty loads are charged on the 29th was presented—Carter was asked if that was his account and he said yes, that was his account for the 28th and 29th June—I said "There must be some mistake, twenty tickets were issued and only eleven loads passed in; how do you account for that?—he said "I don't know; I gave my men some tickets in the morning, and I whatever is left they return to me in the evening, and if there is anything wrong I don't know anything about it"—this is the account produced—after the interview with Carter on the 30th I sailed on Mr. Adamson to send in his account, and Mr. Adamson had some difficulty in getting in the account—I beg to re-call the interview as regards this account; no account was produced on 30th June; it was on the 3rd July, I believe—Carter's attention was called to it and he was asked if it was a correct account, and he
said "Yes and I said "How do you account for twenty loads on the 29th June, whereas only eleven loads passed in V and then Carter said "I don't know, I am sure, anything about the loads; I gave my men the tickets in the morning, and if any are left they return them in the evening"—I said "How many tickets did your men return this evening?"—he said he thought, perhaps, two or three—"How many tickets do you, as a rule, give to your men in the morning?"—"Oh, about ten or twelve, I am not particular, it might be ten or twelve, I cannot say which"—I asked him the names of the men who had charge of the carts on the 29th June, and he said one was Boulden and the other was Bennett.
Cross-examined by MR. GILL. I should think my recollection of this con-versation was very accurate—I had the conversation in the office—I have had some experience in criminal matters—I told them there was something and went on to ask them these questions—I don't know that I ever got anything from a prisoner without first cautioning him—I was called on this occasion to investigate a matter for the company, as to whether there was something right or wrong and I found something wrong—Carter told me the name of his carman—he did not tell me he gave out from twelve to twenty tickets to one carman—I believe as many as sixty to all of them—he told me he had given some of the gatekeepers money to keep the road clear for his carts to pass through—I remember the names of the carters he mentioned to me—I don't think he mentioned Swain—I went to Duncan that night and made enquiry there.
Witnesses for the Defence.
RICHARD BOULDEN . I was a carter in Carter's employ—I remember 29th June, when I took nine loads into the docks, for each of which I gave a ticket—Carter gave me ten tickets in the morning for the purpose of giving out—I took the first load in about 6.20 in the morning, and the last at 3.20 in the afternoon.
HENRY SWAIN . I am a carter and was carrying my stuff in for Carter—I was at the sugar house, Mr. Duncan's—I was carting in ashes—I brought in three or four loads on the Thursday, 29th—I have no reason for fixing that day—I think I discharged three loads in four days running, and two two's—I gave up the tickets to Griffiths—I took the first load before break-fast, about 7 o'olock, and the last about 3.30.
Cross-examined by MR. BESLEY. I was asked about it the following week—I cannot swear whether the four days running were the first four days or the last four days.
Re-examined. I took this from Duncan's Wharf.
JOHN BENNETT . I am a carman to Mr. Carter—I remember taking some stuff into the docks, on 29th June, eight loads, the tickets for which I gave to Griffiths at the gate—I took the first load about 8.40, and the last about 4.20 in the afternoon.
Cross-examined by MR. BESLEY. I was seen by Ellis and Grigg; I did not tell them that I was working on the premises of the Midland Company, up to Thursday, 29th June—I will further say that I did not take in three loads only—it was two or three days after.
JOSEPH PERRY . I am a carman to Fardell & Co., who have stables within the docks, near the south gate—I have to look after the horses, and have to be there in the morning regularly at 6 o'clock—I saw Police-constable Palmer about the south gate on Wednesday, the 28th June, and again on Thursday and Friday—on Thursday, I was in the stables from 6
till 7 o'clock in the morning, my usual time—the constable was not there then—if he had been I should have seen him—I could see from the stables where the horses are into the other part of the shed; they are one building—I came back again at 7.33 and stayed till 8 o'clock, which is my usual time—the constable had not come when I left—I went in again at 10,30 after a drink of water, and he was then sitting in the corner—he had got a newspaper in his hand—I believe he could see to the road from where he was sitting—I came again at 12.15 and remained half an hour—Palmer left a few minutes after I went in—he had not come back when I left at 1.45—I went again at 3.30; he was there then; I was not there two minutes, and left him there—I went again at 6.30; I did not see him then—I remained till 7.30—I was there again the next day, Friday, when I see Palmer in the same place again; I did not see him at the gates that day—I spoke to him at 5.30—his two governors were outside, and he said he did not want to go out while they were there—he did not mention their names—I see them, but I didn't know their names, nor do I now—he left as soon as they went through the gate—that was about 5.40.
Cross-examined by MR. BESLEY. I was there on Friday, as well as Thursday, I was there three times on Friday—I did not know previously that a conversation had taken place about the number of loads that had passed in on the Thursday—I am not on good terms with Carter, and only know Griffiths by sight—I did not tell them that there was a man placed in the shed to count the carts—I didn't know what he was there for—they got hold of me to come as a witness last Monday morning.
By THE COURT. I do not know how it is that my recollection is so accurate as to the different hours, I went to the stable—I have got regular hours—I had a watch in my pocket then.
JOHN ZINCRAFT . I measured the distance from the shed to the gates—there is a long shed where horses are kept—you can discern something from the shed to the gate, but not anything that comes in the first gate because this shed intervenes at that gate "where this man stood—you can see the road along which the carts would pass—the nearest point of the road which Palmer could see from the shed is 57 yards—I have measured it from the crown of the road, the centre—there is a shed that intervenes between the place where Palmer would watch, and the gate—it is where they keep the cradle to take the dead—a mortuary you might call it.
Cross-examined by MR. BESLEY. I am a clerk, and sometimes work for Gellatley, and sometimes for other people; I have been discharged by the Dock Company from their service—you can see the south gate from the shed where the horses are, but not to recognise anything—the shed is in the way of the gate where this man was—I should not think they could see—I did not see Palmer there—he was seated on the straw or the hay.
THOMAS GRIGG (re-called). After Carter had told me that Boulden and Bennett were the only carmen employed on Thursday, 29th June, I made it my business to see both Boulden and Bennett—I asked Bennett where he was working that day—I asked him how long he had been in Carter's service—he said "On Monday last"—I followed his work day after day in asking him where he was at work, and when I came to the Thursday I said "How do you account for your work on Thursday?"—he said "I was working for the Midland till 1 o'clock, and then I went and drew three loads into the docks afterwards—Carter and Boulden were present.
Cross-examined by MR. SIMS. I did not take that down and ask him to
sign it—I took it down in a rough memorandum—I have been in the company's service for twenty-two years—I generally ask questions of all persons concerned, before going before the Magistrate, but if I can possibly help it I never allow a man to criminate himself without cautioning him; I cautioned him—I told him whatever he said might be used against him—he was to be careful—I took him through the whole week—it was the Monday after I asked him, and he accounted for all six days; the week in Carter's employ—I think I asked him questions on a second occasion at the police-station, Victoria Bocks—two or three days afterwards I questioned Boulden likewise—they were together I think on both occasions.
EDWARD ELLIS (re-called). I was present on the 3rd July when Bennett was spoken to in reference to where he worked on Thursday, the 29th June—he said he had been working up to 1 o'clock on the Midland; then he thought he drew three loads into the docks, and at 3 o'clock he took a load of wood somewhere.
Cross-examined by MR. SIMS. I swear he did not say that he took three loads from Duncan's that day into the wharf—he said he had never taken but one load from Duncan's in his life.
BENJAMIN FRANKLIN . I am a pavior, employed by the Midland Railway Company, at the Victoria Docks—I remember the carman Bennett working for the Midland railway at 8 o'clock on Thursday, the 29th June—I saw his cart there—I was spoken to about this matter a few days afterwards.
Cross-examined by MR. GILL. I saw his cart there at 8 o'clock when I went to breakfast—I never saw it after.—
NOT GUILTY .
Before Mr. Recorder.
MR. PURCELL conducted the Prosecution; and MR. LILLET the Defence.
GUILTY — Nine Months' Imprisonment.
Before Mr. Baron Pollock.
MR. J. P. GRAIN conducted the Prosecution.
JOSEPH JORDAN . I am turned sateen years of age—I work for Messrs. Ritchie, jute merchants—it was part of my duty to attend to a carding machine; it was also the prisoner's duty to do something to it—our time. for starting the machine was about 9.3 in the morning—it was started at that time on the morning of 27th July—about 9.5 I was going downstairs and saw the prisoner take a match from his pocket, break the top off and throw it into the machine as it was at work, and directly after it was on fire—the prisoner hallooed out "Fire," and ran for a pail of water, he came back with it—I ran and got a pail of water and helped to put out the fire.
JOHN MARTIN . I am manager to Messrs. Ritchie, jute manufacturers, at Stratford—on the morning of 27th July, about 9.7, I was in my room opposite the building; I heard cries of "Fire;" I rushed into the room and saw that the machine was on fire—it was put out in about twenty minutea
—I assisted—I examined it afterwards, it was damaged and useless for a time—I asked the prisoner if he had done it—he said, "No"—I asked if he had got any matches—he said "No"—we do not allow matches inside our gates—he turned out his pockets, and I saw half a match in his waistcoat pocket, the top part was gone—I said "How did this come in your pocket"—he said "I don't know. I bought the waistcoat last Saturday and I suppose it must have been in it at the time. I never had my hand in my pocket since"—he is fourteen or fifteen years of age—he has been with us, backwards and forwards for a few months.
JAMES WOOLLEY (Policeman K 534). The prisoner was given into my custody—I asked if he knew what I was taking him for—he said "I do well old chap, they blame for firing the carding machine, but I did not do. it"—at the station he said he had bought the waistcoat on the previous Saturday, and he supposed the match was in it when he bought it—after he was charged before the Magistrate, he said "I suppose I shall get three years in a reformatory for this, if I do, no doubt it will do me good."
GUILTY—Recommended to mercy by the Jury — One Month's Imprisonment and Three Tears in a Reformatory.
Before Mr. Common Serjeant.
BENJAMIN DYETT . I live at 1, Brewhouse Lane, Greenwich, and am a coal porter—in the morning or midnight of the 17th July, I was standing in Billingsgate Dock, talking to a young woman, named Elizabeth Hudson, when both the prisoners came down the street, one on the path and the other in the middle of the road, when Strodt indecently insulted the young woman, and Oltaus called her a b——whore—the young lady turned round and asked him what he called her that for, and then he insulted her by calling her so again—I asked him why he insulted the young woman, and he made use of the same expression to me—I asked him why he did so, and he come behind and kicks me off the path, which caused me to fall on my back, and Strodt jumped on my stomach—I laid there two or three minutes till I gathered myself up again—Oltaus jumped down and struck me, and I struck him and knocked him down—both of them were on at me—I struck them as long as could for about a quarter of an hour or twenty minutes, when I felt a knife plunged into my back by Oltaus—I hit on to them till they dragged me 20 or 30 yards, when I fell down from loss of blood, and I think Tasked the female to take off my coat—I became insensible, and they made their escape—I was taken to. The Seaman's Hospital—I still feel the effects.
Cross-examined. I was well enough to appear before the Magistrate on the morning of the 19th—I stopped at the hospital for three or four days there had been a regatta or race on on the 17th, and I had not been to my work, but had taken part in it—I had not been successful in the match—there had been a little dancing and that sort of thing going on—I was suber—there was a little liquor going on—in the thoroughfare where
this occurred there is the dock wall on one side, and houses on the other—I had been chatting with Hudson about a quarter of an hour—I had not known her before, merely picked her up for the night—I tossed up whether I should go home with her or not, and I was not to go home with her—I had not called out to her to give me my b——cap—there had been no dis-pute between us about a cap—some shingle was thrown up there—I had not retired with Hudson inside the gate close there—it is not the fact that Oltaus went inside for natural purposes, leaving Strodt outside, and that while he was waiting for his companion, Hudson went up and accosted him, and that he not being able to answer in English, she became a little bit rude to him—I struck Oltaus violently in the face after I got up from being kicked—we scuffled up and down the road for about a quarter of an hour or twenty minutes—he did not go up against the gates leading to Mr. Noakes' yard, or Mr. Allen's yard—I know the gates—I do not remember knocking his head against the wall, and his crying out "Oh, my poor head"—there is a gate into Mr. Wood's yard, but we were not up there—it is not protected with iron spikes—it is 10 yards too far up—I have been bred and born there—I have been in custody for having goods in my possession twice, and had seven days and two months, I believe—one was about some wood belonging to a gentleman named Andrews, and the other a little coal stolen from a barge in the Thames—I was locked up on suspicion—I have not been before the Magistrate on a charge of assault—my father gave me a month once for enlisting as a soldier—I might, after he knifed me, have run after them and said "Let me get at them, let me return it"—I don't remember following up and shouting out "Oh, you have got a stone in your hand" and their stopping and showing me they had no weapon in their hands—I don't know where the German ship Europa was lying that night—the road leads down to the Billingsgate Dock.
ELIZABETH ANN HUDSON . I am single, and live at 3, Arthur's Row, Greenwich—I remember talking to the prosecutor about midnight, on the 17th July, and seeing the two prisoners—Strodt was in the road, and the other was on the path, and he went to make water, to tell you the truth, and began to behave indecently—I said You might go round the corner, not stand before a young lady"—they asked me who I was talking to, and Oltaus called me a b——whore, and then Mr. Dyett turned round, and said "Who are you insulting?" and Oltaus turned round and knocked him in the road, and Strodt jumped on his stomach—upon my screaming, the other witnesses came up, and because I screamed Strodt knocked me in the mouth with the handle of a knife, and one tooth broke off and another went down my throat—I called out "Murder! help!" and the police came—I. heard Mr. Dyett say "I am stabbed, I am a dead man"—he was bleeding when the police came up, and he said to the other witnesses "Take off my coat"—the police took him into their charge.
Cross-examined. I had known Dyett before this for some time, and had keen with him ever since 3 o'clock that afternoon—I don't know of any arrangement or tossing up as to whether we should spend the night together—it is not the fact that one prisoner went inside the dock wall and left the other outside, and that I addressed him, and that in consequence of his not being able to answer me, the elder prisoner came out and stood waiting there for him—when we were together the struggle took place—it was about 11.40 when they first came up—it was about the time we came out the Music Hall together—it lasted till about 11.30.
Re-examined. I had had a glass of ale, so I could not be certain about the time; I was not sober.
EMMA HABWOOD . I am a widow, living at 6, Billingsgate Dock, Greenwich—I remember hearing a noise on the 17th July, about 11.40 or 11.45—I went out and saw Dyett struggling with the prisoner—my daughter wont out with me—we went in between them and took Dyett away—he said "Let me go, let me go, I must return this"—Oltaus knocked Dyett down and Strodt jumped upon his stomach—they ran away and Dyett followed them and they knocked him down again, and Strodt jumped upon his sto-mach again—Oltaus said "If you don't go away I will knife you," and Dyett said "I am stabbed"—Oltaus did something to Dyett's back directly he said "I will knife you"—they ran along the wood wall—I assisted Dyett up and ran and fetched his father, and we assisted him to the seamen's hospital.
Cross-examined. When Dyett said "Let me go, I must return it," he got away from me and my daughter—he had not time to strike out at them before they both turned on him—I suppose he got away with that intention—he was standing a few paces off when they rushed up—I should think they struggled up and down the street for 50 yards.
Re-examined. The struggle took about a quarter of an hour from the beginning to the end—my daughter saw the beginning; she is not here.
REBECCA KENNARD . I am the wife of George Kennard, a labourer, and live at 25, Coltman Street, Greenwich—I was sitting at my door at about 12 o'clock on the 17th July, and heard some one call out "Murder! help." and I went to the top of the street and saw Dyett, two foreigners, and a woman—they were struggling together and I saw the elder one give a blow at Dyett's back; I never saw anything in his hand—Dyett said "I am stabbed, I am a dead man, "and he said "Take off my coat," and I took his coat off and that moment the blood poured out in torrents, and the prisoners ran away—I gave the coat to a man standing by, and two men helped to take him to the hospital.
Cross-examined. I did not see the beginning of it—I did not see Dyett knock Oltaus' head against the wall—I saw Oltaus and the other struggling with the woman and her head went against the wall—I did not hear Oltaus call out "My head, my head"—it commenced by Noakes' yard—there are not spikes there—it is a high fence.
STEPHEN SHAFF (Policeman R 45). About 12.15 on the morning of 18th July I was on duty in Billingsgate Street, Greenwich—in consequence of information, the prisoners were stopped in Bridge Street and I took them to the Seamen's Hospital where the proseoutor had by that time arrived—after his wound was dressed they were taken into his presence, and he recognised them as being the two persons who had assaulted him—the prisoners said they had no knife with them at all.
Cross-examined. It is not a fact that I received information and then, going in the direction in which they had gone I found they were waiting with a man named Thomas—it was about 200 yards from the scene of the disturbance—with a ship lying off Deptford they would have to go in that direction to get to her—Oltaus said he wanted to go back to fetch his hat—when I took them to the hospital they knew that the man was having his wound I dressed and they saw him stripped, in fact—Strodt can speak very little I English—Qltaus can speak the better of the two.
Re-examined. They were searched; no knife was found upon them.
WILLIAM JOHNSON SMITH . I am a surgeon at the Seamen's Hospital, Greenwich—at. a few minutes past midnight on 18th July Dyett was brought there—I did not see him till the following morning—I examined him and found he had a wound at the back of the left shoulder; it was a cut that went just through the skin and then extended between the skin and the muscle for about 4 inches; it did not go into the fleshy part of the body; it must have been inflicted with some force—it might have been inflicted by many things, not a sharp instrument, but a blunt instrument driven forcibly—it was such a wound as might have been caused by the point of a knife. Witnesses for the Defence.
WILLIAM CATER MATTIS . I am a waterman, in the employ of the London Steamboat Company—on the night of the occurrence I had occasion to go to a beershop in Thames Street, and on my way back I came up Coltman Street—I had known Dyett as being about the neighbourhood a number of years, he was near Mr. Brooks' gateway at the top of the docks—I heard him say "Give me my b——cap;" he appeared to be speaking excitedly—afterwards I saw these two men pass my place very quickly, and I saw Dyett too abreast of my doorway—he told them they had a b——stone in their hand—he came up to them quickly—they turned round and Oltaus said "We have no b——stone;" he repeated that twice—Dyett made a rush at them and hit one of the men in the head, I cannot say which; I had not seen them do anything to him—he staggered against the pales and he flew at the other one, and as they struggled, his head went against a brick wall and he said "My poor head," and as he fell down the other one was up and went at him again, and so they kept walking and fighting as they went along, the men trying to get away from him—I remained at my door—they did not go by Noakes' door, but this side of it, nearer up under the lamp-post—Noakes' yard gate is defended with spikes—there are not spikes at any of the other doors—I afterwards heard that a man had been injured, and I ran to see who it was, and I saw it was Dyett—I didn't see the two prisoners then.
WILLIAM THOMAS . I am a waterman and live in Billingsgate Street, where I was standing when I see the two prisoners come up, and saw them making water—I afterwards saw Hudson; she said "That man you have been knocking about is my husband, I don't like to see that"—she stood there going on when Dyett was hitting the big man—"Oh," he said, "kick me, that is what you mean, do you?"—I thought he was going to knock his fist through his body; I was close alongside Dyett—I was not there when his coat was taken off; I went after the men—I heard Dyett say he was stabbed—I saw no weapon—I should say I went a quarter of a mile after the men; that would be the way that would take them to their ship lying in Deptford Dock—I asked which way they had gone, as I lost sight of them—I called out "Hi, hi! Is that the police?" they said; "We want our hats"—they remained till the police came—it would be possible that a man could be stabbed by going up against the spikes—it would rip you up altogether—the height of the gate is about up to my chest.
WILLIAM JOHNSON SMITH (re-called). The direction of the wound after it had passed through the skin, went directly downwards, so that whether the man fell against anything, or anything came against him, it must have come into the body directly downwards.
OLTAUS— GUILTY of unlawfully wounding — Ten Months' Imprisonment.
STRODT— NOT GUILTY
ANN TURNER (blind). I am the wife of John Turner, of 28, Stanhope Street, Deptford—I have known the prisoner for seven years—I went up High Street about 11 o'clock in the morning of the 7th June, and meeting the prisoner, she says "I owe you a grudge, Mrs. Turner, to-day"—I said "What for?" and no more—she hit me in the left eye, and I hit her back again—I went home and stopped at home for an hour—the man she lived with threatened me; she was not with him then—I am blind in the left eye; she knew that—later in the day, about 2.30, I passed the house where she lived; I was on the side I lived on, and not on her side at all—I never see her coming till I felt somebody pull my hair and hit me, and something sharp in her hand went into my right eye—the people said "Oh, you have killed the woman, let her go now," and she said "No, I owe her a grudge for what she did in the High Street"—I fell to the ground, and Mrs. Whelan picked me up—I said "Oh, I am blinded for life," and she said "Now I am satisfied, I have got my revenge"—I have been blind ever since—I went to St. Thomas' Hospital, and remained there from the 7th to the 16th June.
Cross-examined by the Prisoner. I did not come into your place on the 6th and ask for drink, and because you gave me none turn round and swear at you and ask you why you ordered me out.
MARY WHELAN . I am the wife of Christopher Whelan, of 22, Stanhope Street, Deptford—I was standing at my door on the 7th June and saw Mrs. Turner coming down the street, when the prisoner took her by the hair of her head by the right hand, and threw her on the ground and beat her dreadfully with her left band, and Mrs. Turner called out that she was blinded—the prisoner hit her in the right eye; she didn't make no blow anywhere else—Mrs. Turner said "She has put something in my eye," and when I lifted her up a piece of yellow jelly laid upon her cheek—I heard the prisoner say she was satisfied, that she had had her revenge on the woman.
ALICE GIBBS . I am the wife of John Gibbs, living at 26, Stanhope Street, Deptford—I know the prisoner and the prosecutrix—on the 7th June I was coming down the street with Mrs. Turner, and as we passed along, the prisoner rushed across the road with a man, and another female behind her, and catched Mrs. Turner by the hair of her head and turned her over in that manner (describing), and with her left hand punched her underneath—she was on the left hand, and her hand caught her right eye—we saw the blood streaming to the ground, and she said "I am blinded for life," and blood was rushing from the right eye—the prisoner said "Now it is done 1l. am satisfied; I have got my revenge"—Mrs. Whelan took charge of her, and the piece of stuff afterwards came out—she was taken to St. Thomas' Hospital.
Prisoner. I saw you come down the street a few minutes before, not with Mrs. Turner at the time, and I didn't see you till Mrs. Turner struck me and I returned the blow. You came up afterwards, and said "Get her down and I will knock the front of her face in." You went in the middle of the road and said you would fight me as well as her, and you threw your bonnet and shawl up. Witness. I was with Mrs. Turner and never left her company from 1 o'clock in the day.
—she was suffering from an injury to the eye—I just dressed it and shortly after she was attended by the parish surgeon, the right eye was gone—it was not quite out, but so injured that she was perfectly blind, it was quite destroyed—I imagine the blow must have been done by the finger-nail with great violence—it could be done by a blow, and would not necessarily show that a person had scooped it out.
JAMES CHARLES CATLEY (Policeman R 46). In consequence of information I received on the 7th June, about 3 o'clock in afternoon I went to Stanhope Street, Deptford, and saw the prosecutrix, who was at that time bleeding from the right eye—I afterwards went to No. 13, and apprehended the prisoner—I told her I should take her into custody for blinding Mrs. Turner—she said "All right, we had a fair fight, and she got the worst of it; she first attacked me in the High Street"—she appeared to be sober.
The Prisoner's Statement before the Magistrate: "She assaulted me the day before in my house, she threatened to drag my b——y liver out before she left that night. The next morning I went into the Duke public-house and there saw her; she called me a cow, and threatened to put the pot in my head. I went out, she met me afterwards and struck me in the face, and said she would be the death of me. She struck me again, and I struck her back. I fell down and she ran away.
The prisoner put in a written defence, in substance the same as her state-ment before the Magistrate, alleging ill-usage and provocation on the part of the prosecutrix, which induced her to return her blows, but with no intention of injuring her.
GUILTY of unlawfully wounding — Twelve Months' Imprisonment.
Before Robert-Malcolm Kerr. Esq.
Before Mr. Recorder.
MR. GILL conducted the Prosecution.
SARAH GARDINER . I live at 5, Conduit Street, Greenwich—on Saturday morning, 15th July, on looking out of my window I saw the prisoner in the yard, walking across the garden with two ball-taps in' his hand, belong-ing to a water-butt in the yard—he got over the wall and left—I there found. the ball-tap was gone, it has since been recovered.
Cross-examined by the Prisoner. I did not know you before—I saw you at the police-station five days after, and knew you directly—you were placed with other persons, not prisoners.
THOMAS LAHADE . I am a carman, and live at 1, Newton Place, Greenwich—on the morning of 15th July, I saw the prisoner coming from the direction of Mrs. Gardiner's house with something bulky in his coat, I followed him, he had his coat thrown over his arm, he got over a garden fence; I chased him and he threw something over a wall, I afterwards saw it was these two ball-cocks.—
Cross-examined. I did not see you do anything, but I had a strong suspicion you had done something wrong—I have known you for years.
in a beer-shop—I told him the charge; he asked if I was sure it was him—I said I did not know, but I was going to take him before two witnesses to be identified—he said he would not go, and became very violent; with a ssistance I got him to the station—I produce one of the ball-taps, the other has been returned.
GUILTY *—He also PLEADED GUILTY to a previous conviction at this Court in March, 1869— Eghteen Months' Imprisonment.
Before Mr. Justice Archibald.
MR. MEAD conducted the Prosecution.
JOHN GUTHRIE . I am a painter, of 45, Pawson Street, Lewisham—I am a widower, and have three children, Charles Guthrie is one of them; he is three and half years old—the prisoner has been cohabiting with me—on 26th June, at 9.30 p.m. I went out, leaving her at home with one child, Charles—she was recovering from drink when I left and quarrelling with a neighbour next door, Mrs. Davis—I was called home and went with my child to the hospital.
Cross-examined by the Prisoner. I promised to marry you if you conducted yourself in a proper manner—you have not had a child by me two years ago, that is a great falsehood—I did not know you before my wife died, it must be your parents who have persuaded you to say this—I did not go to see you at your place at New Cross, nor did you leave your place because you were pregnant by me—I used sometimes to blow you up because you were so thick with this woman next door—you struck me on my back two Sundays before, and sent me flying out into the yard—I did not blacken your eye, you did it yourself by falling downstairs.
Re-examined. She was very irritable to my children at times when drunk, but she never ill-treated them in my presence, I do not remember her ill-using them at any time.
By THE JURY. I did not know her for an hour previously to taking her to live with me as my wife, we met promiscuously one evening, and I took her there and then—she had left her place and was almost afraid to go home; I asked her to come and look after my children, and she accompanied me home, and next morning I went with her to her mother and told her, and said that if she behaved herself no doubt I should make her my wife.
FRANCIS HARRIS . I am the wife of John Thomas Harris, of 47, Pawson Street, next door to the prisoner—I had no words with the prisoner on the evening of 25th June—I spoke to her in the back-yard as I heard severe screams of the child—that was about 10 o'clock, or a little after—I said "Will you leave off ill-using that child, or I will fetch a policeman, it is in screaming hysterics, it is little Charley"—Mrs. Davis then said across the wall "It is her and her screaming hysterics again"—I do not think the prisoner could hear that—I spoke to a policeman, who got in at the window and went through the passage—I went to the front gate and met the prisoner—she said "she am going to fetch Jack now"—I said "That is the best thing you can do to look to his children," and she went away—she apeeared to be recovering from drink.
prisoner's residence, tried the front door and found it locked—I got in at the window, went through the front room and found it locked—I got in at the window, went through the front room into the back washhouse, and saw a child lying on the bricks with only his shirt on—he had a wound on his throat, and I took him to the Seaman's Hospital—next day as I went from the station to the police-court with the prisoner, she said "Jack has been a brute to me, and it was all through Mrs. Davis and Mrs. Harris."
JOSEPH JOYCE (Policeman R 342). On 26th June, about 11 o'clock at night, I was on duty and saw the prisoner coming across the road from Lewisham Bridge—she said "I have killed my child, it is quite dead, I have done it"—I asked her what she meant—she said "I have killed my child "—I asked her to show me where it was and I would go back with her—she I told me where she lived, and on the way she said that she had had a dispute with Mrs. Harris in the evening, and that Jack, knew all about it—she took me to the house where I saw the child—Clark the constable, had it in a basket—Pawson gave it to him, he took it to the hospital, and I took the prisoner to the station—I then went back to the house and found this knife (produced) under a washing stool in the back-kitchen—there was wet blood on it, and a pool of blood in the centre of the back-kitchen—the prisoner had this apron on when she met me—it has blood on it.
WILLIAM JOHNSON SMITH , M.R.C.S. I am surgeon of the Seamen's Hospital, Greenwich—on 26th June the child was brought there at 11.55 with a wound an inch deep on his throat, extending across the front of the neck 4 inches from end to end, and extending down to but not into the wind-pipe—there was profuse bleeding—there was also a slight wound, very little more than a scratch, in front of the right shoulder—he was in danger for several days—some small arteries were severed, but neither of the carotid arteries—he was in the hospital nearly a mouth and has recovered—both wounds could have been inflicted by this knife—the child was quite unconscious when he was brought in, from loss of blood.
By THE JURY. He could not have inflicted a wound to that extent on—himself.
Prisoners Defence. After Mr. Guthrie went out I went out to see after after him, but could not see him. I remember having some beer and coming back again and going in at the door; she struck me and pushed me and knocked my head against the wall; I remember bringing the child down and putting it on the sofa and covering it up with my jacket When she struck me I saw a white-handled knife, and I must have done it then. I do not remember how I did it. That is all.
GUILTY of unlawfully wounding — Eighteen Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
NOT GUILTY .
Before Mr. Common Sarjeant.
MR. DENNISON conducted the Prosecution.
SARAH THOMPSON . I live at No. 11, Queen Street, Lambeth—I am a book-folder—on the night of 8th July, between 11 and 12 o'clock, I saw the prosecutor standing at his mother's door—the prisoner lodged with her—I was in-doors—I was brought out by hearing screams—I saw the prosecutor bleeding from the side, and the prisoner across the road lying on his face on the pavement—I went across and told him "You have stabbed the man"—he got up and ran across the road into No. 8, and then into the yard of No. 8.
Cross-examined by the Prisoner. You came down the street with your wife—I was talking to two or three people about private affairs—when you were lying on the ground you were making a noise as if you were crying—nobody picked you up.
WILLIAM JOSEPH BAGGERLEY . I am a plumber, and live at 14, James Street, Blackfriars—on the night of the 8th July I went to see my mother at 46, Queen Street, Blackfriars Road—she made a communication to me, and afterwards, in consequence of seeing the prisoner coming up the street with his wife I said to him "Why did you insult my mother?"—he said "Oh! there's a b——gang of them, is there; hold on Bill, I'll fetch some of our b——palls"—he pushed me; I struck him on the fore-head—he stooped down and said "Give me time"—I took off my coat in the meanwhile and as soon as he straightened himself again we closed together—while I was punching him he stabbed me nine times—I did not count the stabs at the time, but afterwards—I thought his blows were very sharp, but I did not know they were stabs at the time—I had never been stabbed before and I did not know the feeling of a stab—I did not fall, the prisoner fell—I said "Get up you coward, and fight me like a man!'—my cousin said "Bill you are bleeding"—I said "Am I?"—my cousin is not here—I then walked two or three steps towards the lamp and looked at my arm and found blood on it—on taking a long breath I felt a pain in my side—I went by help to the police-station—the prisoner was on the ground when I left him—I cannot say whether he was drunk—I do not believe he hit me with his fist—I was taken to the hospital next morning—I remained there for three weeks—I never had any previous quarrel with the prisoner; I do not believe I had half a dozen words with him before in my life.
Cross-examined by the Prisoner. I was standing outside my mother's window—there were three with me standing on the kerb; two besides myself—I did not notice any women'; what women were there were in my mother's parlour—I do not know that Sarah Thompson was there—Mr. Foster said "Here he comes, Bill"—he told me about the bother in the afternoon—he did not tell me about challenging to fight you in the afternoon—I am in the habit of going round to see my mother, and that is how I saw him—you pushed me after I spoke to you—I stopped you to ask you why you insulted my mother—being the only son, and no husband, it is
my place to look after my mother—I believe you have been out of work since you have been in the house—I do not wish to say anything of your character—you know there was not one week or a fortnight but you were always having a bother—you know there was hardly a week past bat your wife was calling out murder—you never interfered with me before, because I would not speak to you—I did not like you—no one else stabbed me but you—there was only us three on the kerb at the time—there were only us two when I spoke to you—I could not tell you afterwards how many people e—I was too weak—I did not see you get up and run. away; I was at the lamp looking at my wounds.
Re-examined, When the row began, there were only me and Mr. Foster—it lasted about ten minutes—I punched him and then he stabbed me.
THOMAS FOSTER . I live at 45, Hill Street, Walworth—I am a chemist's assistant—I was standing at the door along with William Baggerley and another young man—the prisoner came up the street with his wife—I said "Here he comes, Bill"—the prisoner approached us; I went up to him myself first and said "What do you mean by insulting my young lady V he stepped into the road, and William Baggerly, thinking he had a greater right to protect his mother than I had, spoke to him, and the prisoner gave him a shove—the prisoner fell or went down on his knees—I saw him in a stooping position, putting his pipe away as I thought, meanwhile the prosecutor got off his coat—they closed together and struggled, then the stabbing took place—I heard a person in the crowd say "Bill, your are stabbed"—I saw the prisoner in a hugging position as though thumping, not punching—I took the prosecutor to the lamp; I examined his arm and found that he was stabbed in the abdomen—I then went back to prisoner, I said "You have stabbed the man"—he came towards me with something clenched in his hand—I up with my fist and hit him in the mouth and knocked him down—I then went back to Baggerley—I saw the prisoner get up and run across the road into No. 8—I took the prosecutor to the station and helped Dr. Bruce to dress his wounds.
Cross-examined. I was at the door when you were coming home—said "Here he comes, Bill"—we had been talking about him and about the passing events of the day—I own to challenging you to fight, because you used bad language to my young lady and her mother—you and your wife were drunk—you called my young lady and her mother b——w——s and b——cows, and I thought it my duty to protect them—I challenged you to fight—you said "You may to-morrow morning as I am not in a fit state"—Mrs. Baggerley did not say if you did not come down she would pull you down—you said you would not go—I saw you thumping the prosecutor and I saw something in your hand—I knocked you down after I had seen him stabbed—I went away afterwards and left you in order to assist him—a, policeman was gone for, and hearing the cries of police you got up and ran through No. 8.
AMBROSE HARVEY (Policeman L 80). On this evening I was called to Queen Street—I saw the prosecutor bleeding from a wound in the arm—he told me had been stabbed—I went to the back of No; 8, Queen Street—I found the prisoner there, climbing over the boards—I pulled him off and told him I should take him in charge for stabbing the man—he said he had not stabbed any one, if any one bad stabbed him it was not him—he said he had run through the house hearing the violence of the people opposite—I took him back, and asked Baggerley in his presence whether that was the
man that had stabbed him—he said "Yes," that was the man—I then told him I should take him to the police-station—he said if any one had stabbed Baggerley it was not him, there was a number of people there, it must have been some one else—at the station I searched him, but found no knife, nor stains of blood; he had a bruised eye—I searched the premises of No 8, and found no knife—I examined the trowsers and shirt of the prosecutor and found that they were stained with blood and had cuts in them corresponding with cuts on the body—I saw nothing whatever of the row.
Cross-examined by the Prisoner. I did not hear any cries of police—I was called by a man named Dunfel from Webber Street—you had gone to the back of No. 8—the landlord of the house was standing at the door—I went through that house, you were climbing over the boards.
BARNARD PITTS . I am house-surgeon at St. Thomas's Hospital—about 8.30 on the 9th July the prosecutor was brought to the hospital—I found that he was suffering from several punctured wounds about the body—one wound on the face was more of a scratch, and one on the arm—the chief wound was one in the lower left part of the abdomen, just above the hip; that wound penetrated the cavity and from it was protruding a small portion of the contents of the abdomen about the size of the top of one's finger; it was an absolute proof that the cavity of the abdomen had been entered; it was a very dangerous wound—he had two wounds near the middle line of the back, in the muscular structure of the back, not very deep; one wound in the interspace between the tenth and eleventh rib, that I also judged not to be penetrating; another one higher up on the left side of the back, and a small cut in front of the abdomen; that hardly did more than draw blood, it was quite superficial, and one penetrating wound of the left fore-arm—the majority of the wounds were over the region of vital parts; they would be caused by a small sharp-pointed knife, such as the blade of a largish sized penknife—I was shown the prosecutor's trowsers at the police-court, and found a cut which would correspond to the wound on the abdomen—to produce the wounds through the trowsers it would take considerable force.
GUILTY — Two Years' Imprisonment.
MESSRS. STRAIGHT and MEAD conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CHARLES TURNER . I am cashier to Messrs. Coutts, of the Strand—this cheque (produced) was presented to me on the 24th of May. (Read: "London, 22nd May, 1876, Messrs. Coutts &Co., Strand, pay Mr. E. Joseph or order one hundred and ten pounds, Elcho.") Lord Elcho keeps an account at our bank—upon that cheque being presented to me I looked at it; I did not like its being on such thin paper, and I knew that Lord Elcho usually used our printed forma, at least that was my impression—I therefore immediately said "This cheque is not tilled up by Lord Elcho"—I believe the prisoner is the person to whom I made that observation—he said "I will tell you about that; there was a sale of pictures on Saturday last, Mr. Joseph purchased some, and Lord Eloho has since bought one of Mr. Joseph"—I
then doubted its being Lord Elcho's writing—I communicated with my principals, and was with them quite a quarter of an hour—afterwards I returned to the prisoner; he was still where I had left him—I said "Well, we cannot pay this cheque; we must communicate with Lord Elcho and Mr. Joseph before we can pay it, we will do so as speedily as possible and send up to Mr. Joseph—he said "Oh, very well," and left—we ascertained that it was not Lord Elcho's signature—I went out of town and did not see the prisoner until the 23rd of June at the Lambeth police-court, with three other prisoners—only one other prisoner was dressed similarly to himself—I picked him out readily; I believe him to be the man.
Cross-examined. I did not pay the cheque because I doubted the signature—it was not for me to detain the prisoner—I picked him out from three persons besides himself—one of them was shorter. and stouter than the prisoner—I do not think two of them were costermongers; one of them was a rough-looking person; one was a coachman—I cannot say how they were dressed; I think one was dressed much in the sphere of life as the prisoner; the other one was shorter, not much, and the other about the prisoner's own height—the man who presented the forged cheque, I think, had on an overcoat, but I was not very long looking at him, and when I was looking at him I was noticing his face to obtain information from his countenance—he had on a tall bat, and I beblieve an overcoat, and my impression is that it was in colour rather brown than otherwise—when I saw him he was dressed as he is at the present time; he appears to be rather better dressed than at the time he presented the cheque—I said at once, when asked, that I thought he had no whiskers, or if so, very little indeed—the man was a perfect stranger to me.
Re-examined. He was standing up to the counter in the middle—I heard his voice; I heard him speak also at the Lambeth police-court—it struck—me as similar.
FRANCIS LORD ELCHO . I live at No. 23, St. James's Place, and keep an account at Messrs. Coutts'—the signature on this cheque is neither by my authority nor is it my handwriting—I had no transactions with any person of that name—I have no knowledge of having seen the prisoner before.
JOHN ERNEST WEEKS . I am a clerk at Coutts' Bank—on the 24th of May, a cheque was brought there—I saw who presented it—I had an oppor-tunity of observing the man for fully twenty minutes; to the best of my belief the prisoner is the man—I did not hear him speak on that occasion—I was taken to the police-court to identify him; I saw him amongst other men and I identified him.
Cross-examined. The prisoner is the man, to the best of my belief—I picked him out at the police-court; there were four, including himself—one was rough-looking, another a respectable-looking man, in a black coat, and about 5 feet 8 or 10 inches height, then the prisoner himself, and lastly a man who looked like a coachman.
CHARLES EDWARD HOLMES . I am a clerk, at Coutts', where the cheque was presented—I was at the counter, about 3 or i yards from Mr. Turner—I observed there was some difficulty—in consequence of that I noticed the face of the person—the prisoner is the man—I saw him stand-ing at the counter while Mr. Turner went in to see the partners—I saw him there three' or four minutes—Mr. Weeks made an observation to me—in consequence of that, I looked at the prisoner—I next saw him on the 16th of June, at Lambeth police-court—I went down with Mr. Weeks and
Sergeant Marshall—he was in the passage with three others—Mr. Weeks went in first—when I went in, I saw the man by myself—no one interfered with me—I said I believed the prisoner was the man; I say so to-day.
Cross-examined. I looked at all the men first, and believe the prisoner to be the man—I cannot say whether the man who presented the cheque had a brown coat—I said I believed that he had—two of the men with the prisoner at the police-court were rough-looking men—the third was a coachman.
EDWARD JOSEPH . I am a picture dealer, in New Bond Street—I do not know the hand writing on the cheque—I had no dealings with Lord Elcho, not lately—I never used such paper in my establishment as that upon which the cheque now produced is written.
Cross-examined. I do not use paper of that kind for my foreign correspondence.
HENRY MARSHALL (Detective Sergeant). On the 24th of May, I was sent to Messrs. Coutts—I received information of that cheque—I received a description—I afterwards found the prisoner at the Lambeth police-court—I took down Mr. Weeks and Mr. Holmes there, and later on I took another—I had no communication with them.
Cross-examined. One of the men I saw at the police-court was a rough looking man—the other two were not like the prisoner in my opinion—I will not say one was a costermonger—he looked like a costermonger—he did not a look like a "100l. chequer"—there was no coachman that I am aware of—one of them had about the feet the appearance of a coachman; he had top-boots.
GUILTY of uttering.
The Prisoner received a good character— Twelve Months' Imprisonment.
MR. BESLEY conducted the Prosecution; and MR. MOODY the Defence.
JOHN BACON . I live at Epworth Road, Rotherhithe—I am a platelayer in the employ of the London, Brighton, and South Coast Railway Company—on Monday, 31st July, at about 5.30 I was on the railway at London Bridge, filling hoies between the rails—the prisoner was a fellow-workman—I had occasion to go away from my work to the other road, when I came back something was stated to me, in consequence of that I said to the prisoner "If you get telling stories about me, you and I shall fall out"—I said "I don't like him to tell stories about me without occasion, as I have done nothing to him"—I put my open hand on his chest—he then struck me five times, four times across the arm, and once on the thumb, with a shovel; the blows were aimed at my head—I held my arm up to protect my my head—I then ran away, and he ran after me, but was stopped—I went home and my landlady bandaged my arm, and then went to the hospital, and it was found my arm was broken—the prisoner was sober—I have had no rest since it has been done; it is very painful.
Cross-examined by the Prisoner. You told me and the ganger I had been away all the afternoon—that is what the quarrel was about—I had been away just a quarter of an hour.
JAMES TULEY . I am a porter in the employ of the same company—I was close to the men at the time of this occurrence—I did not hear what they said at first—the prosecutor ran by me—I was in a first-class carriage—the prisoner ran after him; I was on the step—he had in his hand this shovel
(produced) and was holding it up so (In a striking attitude)—he was hitting at him—I got between them and tried to prevent the prisoner—he said "Stand back you b——, or I will give you one"—he appeared very violent, and very much out of temper—I saw him strike the prosecutor twice—he struck him on the arm—he seemed to aim at his head—I got between them and took the shovel from him—it was covered at one corner with blood.
WILLIAM TURPIN (Police Inspector). The prosecutor came to me about a week after the occurrence—I went to the Magistrate and got a warrant and the prisoner followed to the Court—he said he had done it in self—I defence.
EDWARD AMPHLETT . I am junior house-surgeon at Guy's Hospital—on the morning of the 1st of this month the prosecutor came to the hospital—I attended him; he had one or two superficial cuts and a good deal of swelling on the arm; after the swelling had subsided I found that the bone on the inner-side of the arm was broken—it will be some seven or eight weeks before he regains the use of it.
EDWARD RHODES . I am a platelayer in the employ of the company—I was present when the prosecutor and the prisoner had words together—the prosecutor touched Webb on the breast with his hand, not his fist—Webb immediately lifted up the shovel and struck at the prosecutor's head, the prosecutor put up his arm—the porter afterwards took the shovel away.
The prisoner put in a written defence, allegeing that what he did was in self-defence.
GUILTY — Six Months' Imprisonment.
MR. ATTENBOROUGH conducted the Prosecution; and MR. HARRIS the Defence.
SARAH SCASE , I am a widow and live at 3, Albion Place, Camberwell New Road—on 3rd August about 8.45 p.m. I was in a tram car, riding from Westminster to Camberwell—one of the prisoners sat on my Tight side, but I did not see her face, the other prisoner sat opposite—the one next me fidgetted very much, and I thought she wanted room—they both got out at the Elephant and Castle, and I found my. dress disarranged—the conductor spoke to me—I put my hand in my pocket and missed two purses, one of which contained 3s., and the other some pawn tickets—they were safe when I got in—the conductor went after the prisoners and I followed and gave them in custody—this (produced) is one of my purses, with the contents—I have not seen the other since.
Cross-examined. The tram was rather full.
MORRIS HATS . On 3rd August I was conducting a tramway car—the prisoner got in at the Obelisk while I was on the top collecting fares—they sat one on each side of the door—Andino sat next to the prosecutrix and Glover opposite—they got out at the Elephant and Castle and Andino gave me 1s. to pay for the'two—I then spoke to the prosecutrix and in consequence of what she said I went after the prisoners and took hold of Andino's left hand which was under her shawl, and of Glover by her skirt and held them till a constable came—I told him to be careful that Andino did not drop the purse, as it was in her hand then.
Cross-examined. I mean to say that I saw the purse in Andino's hand when the constable came up—I do not remember whether I told the Magistrate so—the purse was in her hand while I was holding it and I held
it till the constable came—I have been in the police and left last April seven years.
Re-examined. I was not asked at the police-court whether I saw the purse in her hand and that is the reason I did not say so.
JAMES MCCALLUM (Policeman P 231). I was on duty, and Andino was given into my custody—I saw something drop from her left hand, and a gentleman picked up this purse and gave it to me—she had this knife (produced) in her hand at the same time, it was shut—she was very violent—I took her to the station, where 2s. were found on her.
Cross-examined. I mean to say that I saw something fall from her left hand and I saw it on the ground; it was this purse.
JAMES SEVENGTON (Policeman P 189). I took Glover—she said that she did not know anything about it and did not know this other woman—I searched her at the station and found on her a small penknife, 4s. 6d., and a silver pencil case.
GUILTY — Four Months' Imprisonment each.
Before Mr. Recorder.
MR. MILLWOOD conducted the Prosecution; and MR. GILL the Defence.
THOMAS WILLIAM BISSELL . I am fourteen years of age—I assist my father, a gun maker, at 30, Star Corner, Bermondsey—on 15th July about 12.15, I had been to the bank in Tooley Street for 30l.; I received 25l. in gold and 5l. in silver—the gold was placed in a wash-leather bag and the silver in a paper bag; I put them in different pockets—I had been accustomed to go to the bank on Saturdays about the same time—on returning from the bank I had got as far as St. Thomas' Street when the prisoner caught hold of my arms with one hand and put the other hand over my mouth; he dragged me down Vinegar Yard about 6 yards—I tried to call out—another man came up and took the 25l. in gold out of my pocket and ran away—the prisoner caught hold of me by the neck and threw me down, and said "I am going to take this money to your master"—they both said that—I fell on the back of my head; it made my head ache—I got up and walked a little way down Vinegar Yard—I called "Stop thief!" and then turned back and ran home and told my father—I then went to the station and told the police—later in the day I went back to the station—I was asked if I could point out the man that had robbed me, and I pointed out the prisoner—I am sure he is the man; I had never seen him before—he had some whiskers on his chin then.
Cross-examined. He is the man that held me from behind and the other came in front and took my money, it took a very short time—the prisoner was alone at the station when I saw him—the policeman did not show him to me—I said he was the man.
THOMAS BISSELL . On 15th July, about 12.15 I sent my son with a cheque for 30l. to the Central Bank, Tooley Street, I gave him a leather-bag, in which to put the change—this is it—about 12.30 he came back crying bitterly, and said that a man had robbed him of the gold—he gave me the bag, containing 5l. in silver—I sent him at once to Bermondsey Street police station, and afterwards went with him, and the prisoner was already there—I had been accustomed to send my son to the bank for some months.
THOMAS BURLAND . I am eleven years of age, and live in Vinegar Yard—on 15th July, I was at the top of Vinegar Yard, I saw two men pull the boy round the corner and take the money out of his pocket and throw him down—the prisoner was one of them; I had seen him five or six time before.
Cross-examined. Both the men ran away up the court, towards Snows fields—a policeman came to me afterwards and took me to the station to identify the prisoner—he was there by himself and I identified him.
SUSAN TOLSON . I am the wife of Luke Tolson, and live in Vinegar Yard—on Saturday, 15th July, I saw the prisoner and another man struggling with Mr. Bissell's boy, I was at my door, I did not know what they were doing, but presently the other man left the boy and ran away, and Mr. Nellingan threw him down and ran past my house and met me full face.
Cross-examined. It took almost less than a minute—I was about 20 yards from them, looking out of my window at first, and then I went to the door—Burland spoke to me and told me what he had seen—I have known the prisoner these twenty years, and I am very sorry to come against him.
GEORGE TOLSON . I live with my mother, the last witness—on this Saturday I saw Nelligan run away from Thomas Bissell and he met me full face. Gross-examined. I have talked this over with my mother and about the full face.
Cross-examined. I have talked this over with my mother and about the full face.
JAMES CHARLWOOD (Police Inspector M). On 15th July, from information, I went with a constable and apprehended the prisoner in Snows Fields—I told him the charge—he said "You have made a mistake this time"—I took him to the station—the three boys who have given evidence were brought there and they said "That is one of the men"—the prisoner said "What time was it the lad was robbed?"—I said about 12.30—he said I was at the Valentine and Orson then having a pint of beer—I have measured the distance since and it is 530 yards from the place where the robbery was committed.
Cross-examined. He was in the street when I arrested him, about 100 yards from where the robbery took place.
GUILTY **— Five Years' Penal Servitude.
ADJOURNED TO MONDAY, SEPTEMBER 18TH, 1876.